San Juan City Zoning Code
CHAPTER 2
ZONING REGULATIONS
§ 1.00 Master Plan, Objectives, and Conformity.
Prior to 1968, the City’s basic land and building regulatory controls consisted of a platting ordinance and the standard building codes. In 1971, the first “master plan” was developed and adopted, and constitutes the general outline of development for the City. In 1974, the first Major Thoroughfare Plan was adopted. This plan was amended in 1994. During 1975 and 1976, the master plan was expanded. In 1980, the first Zoning Ordinance was adopted. The City’s Annexation Plan is currently under development. A facilities plan for water and wastewater services has been finalized as of early 1998. An Open Space, Parks and Recreation Committee has been appointed which, in addition to other responsibilities, will assist in recommending an Open Space, Parks and Recreation Plan for the City to include the improvement of existing parks and open space and the development of future open spaces for use by the public. In early 1998, Ordinance No. 94-002 (the “Zoning Ordinance”) was readopted as Ordinance No. 98-006. In anticipation of that amendment, the City’s planning department prepared an existing land use map, Ordinance No. 98-007, dated July 1, 1998 (The “Land Use Map”), which will be contained in the 1999 Comprehensive Plan. Thereafter, the City Commission held work sessions on March 16, 1998, March 23, 1998, March 30, 1998, and June 30, 1998 at which the public was invited to provide comments on the proposed zoning ordinance and the zoning maps. Public hearings were held on March 19, 1998, March 26, 1998, April 2, 1998, and June 25, 1998.
The minutes of the commission meetings and the public hearings are contained as part of the “Record of Proceedings” in the 1999 Comprehensive Plan. Collectively, the foregoing are statements of the development policy of the City.
By mid-1999, the City Commission anticipates adopting an impact fee ordinance which will require all future development to contribute a pro rata share of new capital facilities as well as a storm drainage plan.
(1999 Unified Development Code)
§ 1.00 HISTORY OF ZONING DISTRICTS.
(b)
For the purpose of this Article, the City is now hereby divided into eleven (11) districts as follows:
(1)
R-S Single-family Residential district;
(2)
R-MF Multifamily Residential district;
(3)
R-MH Manufactured Home Residential district;
(4)
C-1 Office Building district;
(5)
C-2 Neighborhood Commercial district;
(6)
C-3 Heavy Commercial district;
(7)
I-1 Light Industrial district;
(8)
I-2 Heavy Industrial district;
(9)
O Undeveloped - open space district;
(10)
IN Institutional district; and
(11)
EC Expressway Corridor district.
These shall be known as the Base Zone Classifications. |
(Ordinance 17-13 adopted 6/27/17)
§ 1.01 INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists with respect to:
(a)
The boundaries of any of the aforesaid districts as shown on the Zoning map; or
(b)
The location of zoning district boundaries on the official zoning map, the following rules shall apply:
(1)
Boundary Lines -
Where district boundaries are indicated as approximately following lot lines, alley, street or highway right-of-way lines, or extensions of such lines, such lines shall be construed to be boundary lines;
(2)
Parallel Line Rule -
Where district boundaries are so indicated that they are approximately parallel to the centerlines of street lines of streets, or the centerlines of right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map;
(3)
Unsubdivided Property -
On unsubdivided property, the district boundary lines on the Zoning Map shall be determined by use of the scale appearing on the Map unless the boundary lines are extensions of lines on neighboring developed tracts;
(4)
Vacation of Property -
Whenever any street, alley or other public way is vacated by official action of the City Commission, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts;
(5)
Intent and Purpose Rule -
When the street layout on the ground varies from that shown on the map, the designations shown upon the mapped streets shall be applied in such a way as to carry out the intent and purpose of the plan for the particular area in question.
(Ordinance 17-13 adopted 6/27/17)
§ 1.00 Compliance with the Regulations.
Except as hereinafter provided no building or structure shall be erected, reconstructed, or structurally altered and no premises shall be used except in conformity with the regulations prescribed for the district.
(Ordinance 17-13 adopted 6/27/17)
§ 1.00 “R-S” SINGLE-FAMILY RESIDENTIAL DISTRICT.
Use Regulations: A building or premises shall be used only for the following purposes:
(a)
One-Family Dwelling;
(b)
Churches;
(c)
Public parks, including playgrounds;
(d)
Farming, truck gardening, citrus orchards, nursery and greenhouses;
(e)
Accessory building or use, including a private garage customarily incident to the above uses, but not involving the conduct of a business;
(f)
Country club or golf course, not less than 40 acres in area, except a golf course or miniature course or practice driving tee operated for commercial purposes;
(g)
Home occupation incidental to a permitted use provided such occupations are conducted in the main building and only by a person resident of such building. A nameplate not to exceed one square foot in area containing the name and occupation of the resident may be displayed;
(h)
A temporary sign appertaining to the lease, hire or sale of a building or premises, which sign or bulletin board shall not exceed twelve (12) square feet in area;
(j)
A nonenclosed metal carport bolted to concrete shall be allowed within the front setback along residential streets in subdivisions recorded before 2015. The carport shall not be bigger than 18 feet in length and 18 feet in width.
(Ordinance 17-13 adopted 6/27/17; Ordinance 2023-32 adopted 9/12/2023)
§ 1.01 HEIGHT AND AREA REGULATIONS.
The height and area regulations set forth in Article VI shall be observed.
(Ordinance 17-13 adopted 6/27/17)
§ 1.02 PARKING REGULATIONS.
Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Chapter 6, Off-Street Parking Regulations, but under no circumstances shall:
(a)
the paved parking area be less than 400 square feet; nor
(b)
the driveway entrance width exceed 15 feet.
(Ordinance 17-13 adopted 6/27/17)
§ 2.00 “R-MF” MULTIFAMILY RESIDENCE DISTRICT.
A building or premises shall be used only for the following purposes:
(a)
Duplex, Triplex, and Fourplex family dwelling and more intense multifamily uses;
(b)
Private club, fraternity, sorority or lodge, excepting one of the chief activity of which is a service customarily carried on as a business;
(c)
Accessory building or use customarily incidental to any of the above uses, including a storage garage on a lot occupied by a multiple dwelling, hospital or institution;
(d)
Parking spaces, laundry room, etc., if covered are to be considered as part of the area of the main building; or
(e)
Day nurseries.
(Ordinance 17-13 adopted 6/27/17)
§ 2.02 HEIGHT AND AREA REGULATIONS.
The height and area regulations set forth in Article VI shall be observed.
(Ordinance 17-13 adopted 6/27/17)
§ 2.03 PARKING REGULATIONS.
Off-Street parking spaces shall be provided in accordance with the requirements for specific uses set forth in the Off-Street Parking Regulation, Chapter 6.
(Ordinance 17-13 adopted 6/27/17)
§ 3.00 (R-MH) MANUFACTURED & MODULAR HOME DISTRICT-PERMITTED USES.
(a)
Manufactured homes on spaces approved for manufactured homes;
(b)
Recreational vehicles;
(c)
Modular homes on spaces approved for modular homes;
(d)
Accessory buildings;
(e)
Recreational and commercial facilities designed for exclusive use of the subdivision’s occupants;
(f)
On-premises signs including illuminated or animated signs, in accordance with adopted City regulations; or
(g)
Storage buildings;[.]
(Ordinance 17-13 adopted 6/27/17)
§ 3.01 CONDITIONAL USES (REQUIRE “CONDITIONAL” USE PERMITS).
(b)
Amusement parks, circus or carnival grounds, commercial amusement or recreation developments, or tents or other temporary structures used for temporary purposes in accordance with all applicable City regulations;
(c)
Facilities for railroads or those utilities holding a franchise under the City;
(d)
The owner’s or manager’s home on a six thousand two hundred fifty (6,250) square foot lot or larger;
(e)
Portable buildings;
(f)
Parking facilities for nonresidential uses that meet applicable requirements of the Off-Street Parking Regulation.
(Ordinance 17-13 adopted 6/27/17)
§ 3.02 PROHIBITED USES.
§ 3.03 REQUIRED CONDITIONS.
§ 4.00 (C-1) NEIGHBORHOOD COMMERCIAL DISTRICT.
(a)
Generally recognized retail businesses which supply commodities on the premises primarily for persons residing in adjacent residential areas, such as groceries, meats, dairy products, baked goods, clothing and notions, or hardware and similar uses;
(b)
Personal services establishments which perform services on the premises such as repair shops (watches, radios, T.V., shoes, etc.), tailor shops, beauty parlors or barbershops, photographic studios and self-service laundries; and similar uses but not including automotive or other repair services and armature repair services;
(c)
Dry-cleaning establishments or pickup stations dealing directly with the consumers. Central dry-cleaning plants servicing more than one retail outlet are not permitted;
(d)
Business establishments which perform services on the premises such as banks, loan companies, insurance and real estate offices;
(e)
Personal services including the following: Outpatient medical clinics, offices of doctors, dentists, osteopaths and similar or allied professions;
(f)
On-premises signs, including those that are animated or illuminated;
(g)
Commercial parking lots; or
(h)
Other uses similar to the above.
(Ordinance 17-13 adopted 6/27/17)
§ 4.01 CONDITIONAL USES (REQUIRE “CONDITIONAL” USE PERMITS).
(a)
All R-MF uses including conditional uses, except manufactured homes;
(b)
Gasoline service stations or retail outlets where gasoline products are sold;
(c)
Drive-in business establishments serving nearby residences which are so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles, rather than within a building or structure, including drive-in restaurants;
(d)
Restaurants or bars in accordance with the adopted policies of the City, provided the site is not larger than four acres and that access be provided from a collector or larger street;
(e)
Planned neighborhood convenience centers, including any or all of the above permitted or conditional uses, provided the site is not larger than four (4.0) acres and that access to such center be from a designated collector or larger street;
(f)
Accessory structures and uses customarily incidental to the above permitted uses;
(Ordinance 17-13 adopted 6/27/17)
§ 4.02 REQUIRED CONDITIONS.
(a)
All business establishments shall be retail service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail prices on premises where produced;
(b)
All businesses, servicing or processing shall be conducted within a completely enclosed building (except for off-street parking or loading) excluding drive-in businesses or gasoline service stations or retail outlets where gasoline products are sold;
(c)
Gasoline service stations or retail outlets where gasoline products are sold at retail prices, are limited in their activity to the sale of gasoline, oil and minor accessories only, and incidental service. Repair work, steam cleaning or undercoating, vehicle body repair, painting, tire recapping, engine rebuilding, auto dismantling, upholstery, auto glasswork and such other activities whose external effects could adversely extend beyond the property line are not permitted;
(d)
The curb cut, or ingress and egress to gasoline service stations, retail outlets for gasoline products and/or drive-in businesses shall not be permitted at locations where it will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than thirty (30) feet from any street intersection (measured from right-of-way);
(e)
A front setback of sixty (60) feet from the right-of-way of any existing or proposed street shall be maintained by gas service stations or retail outlets where gasoline products are sold unless otherwise approved by the Planning and Zoning Commission. Gas pumps or driveway covers may be placed within the setbacks.[;]
(f)
All lighting shall be shielded from adjacent residential districts;
(g)
A six-foot-high, completely obscuring wall shall be provided by all gasoline service stations, retail outlets where gasoline products are sold, or drive-in businesses, when abutting or adjacent to districts zoned for any residential use;
(h)
The minimum lot area for a gas service station or a retail outlet where gasoline products are sold should be twenty thousand (20,000) square feet and so arranged that ample space is available for motor vehicles which are required to wait, except that gasoline service stations intended solely for the purpose of selling gasoline, oil and minor accessories and having no facilities for repair or servicing automobiles may be permitted on lots of less than twenty thousand (20,000) square feet subject to all other provisions required;
(i)
Veterinary hospitals or clinics are subject to the limitation that all activities be conducted within a totally enclosed building with no open-air impoundment and no external effects such as noise or odor which could adversely extend beyond the property lines; and
(j)
The City may require a building line along any streets.
(Ordinance 17-13 adopted 6/27/17)
§ 4.03 PROHIBITED USES.
§ 5.01 PERMITTED USES.
(a)
All uses listed as permitted uses in C-1 districts;
(b)
Any retail business, personal services, business services except the following: Lumberyards or contractor yards, farm equipment or other heavy equipment sales or service, farm products warehousing and storage or stockyards, general warehousing and storage. Household goods warehousing and storage in individually rented storage units is permitted;
(c)
Hotel, motel and/or eating places;
(d)
Printing, publishing and allied products manufacturing;
(e)
Rail and motor vehicle transportation passenger terminals;
(f)
Telephone, telegraphs, television, radio or similar media stations, centers, studios, but not including public microwave, radio and television towers;
(g)
Any wholesale trade or wholesale trade accessory to any permitted retail operation except the following: Raw cotton, grain, hide, skins and raw furs, tobacco, wool or mohair, livestock, commercial or industrial machinery or supplies, metals and minerals, petroleum bulk stations and terminals, scrap or junk waste materials;
(h)
Signs in accordance with adopted ordinances; or
(i)
Automotive repair as an accessory use to a permitted retail use, such as retail sale of automobiles or retail sale of automotive parts.
(Ordinance 17-13 adopted 6/27/17)
§ 5.02 CONDITIONAL USES (REQUIRE USE PERMITS).
(a)
Gasoline service stations or retail outlets where gasoline products are sold;
(b)
Drive-in businesses;
(c)
Planned shopping centers;
(d)
Bars, nightclubs and social event centers in accordance with adopted policies;
(e)
Amusement parks, circus or carnival grounds, commercial amusement or recreation developments, or tents or other temporary structures used for temporary purposes, in accordance with all applicable City regulations and ordinances;
(f)
Portable buildings;
(g)
Owner-occupied residence in compliance with the setback requirements of this zoning district;
(h)
Automotive repair and service as a primary use, including auto paint and body work as a primary use, subject to required conditions. (See conditions listed in Section 5.04 hereof).
(1)
All establishments engaged in automotive repair, services, maintenance, or paint and body work that are under construction or in existence and located in C-2 zone as of the date of adoption of this subsection shall hereby be classified as conforming uses and shall not be denied the right to expand, repair or rebuild such establishments.
(i)
Mobile food courts:
(1)
All establishments engaged as a mobile food court as defined under Article 4.12 of Chapter 4 Business Regulations of the City's Code of Ordinances shall comply with all the applicable local, state and federal regulations, including but not limited to Division 1, 2, and 3 under Article 4.12 Food Establishment Regulations of Chapter 4 Business Regulations under the City's Code of Ordinances.
(Ordinance 17-13 adopted 6/27/17; Ordinance 2023-05 adopted 2/28/2023)
§ 5.03 REQUIRED CONDITIONS.
Gasoline service stations or retail outlets where gasoline products are sold, drive-in businesses, and veterinary hospitals shall be subject to the same limitations as set forth in the C-1 district for these types of uses. Access lane shall be clearly designated on subdivision plat.
(Ordinance 17-13 adopted 6/27/17)
§ 5.04 REQUIRED CONDITIONS FOR AUTOMOTIVE REPAIR AS A PRIMARY USE.
(a)
Such establishments shall be located on a lot or tract of land of sufficient size to accommodate the proposed use. In no case shall the building site be less than twenty thousand (20,000) square feet;
(b)
All service, repair, maintenance, painting, and other work shall take place within an enclosed area;
(c)
There shall be no outside storage of materials;
(d)
The building where the proposed work is to take place shall be at least one hundred (100) feet from the nearest residence;
(e)
A six-foot wall or opaque fence buffering the proposed use from any residential use of residentially zoned area may be required; and
(f)
All new buildings and all conversions of existing buildings to such uses shall meet current building code and fire code requirements in terms of separation of high hazard uses from other occupancy use classifications, etc.
(Ordinance 17-13 adopted 6/27/17)
§ 5.05 PROHIBITED USES.
(a)
Any building erected or land used for other than one or more of the preceding specified uses; or
(Ordinance 17-13 adopted 6/27/17)
§ 6.01 PERMITTED USES.
(a)
All uses listed as permitted uses in the C-2 district;
(b)
Drive-in business;
(c)
Gasoline service stations, automotive and other repair services or retail outlets where gasoline products are sold;
(d)
Lumberyards or contractor yards, farm equipment or other heavy equipment sales and service, farm products warehousing and storage, general warehousing and storage;
(e)
Motor vehicle transportation freight terminals;
(f)
Any wholesale trades or wholesale trade accessory to any permitted retail operation including raw cotton, grain, hides, skins and raw furs, tobacco, wool or mohair, commercial or industrial machinery or synthetics, metals and minerals, petroleum bulk stations and terminals;
(g)
Those uses of a commercial retail or wholesale nature requiring large outdoor loading areas, generating heavy truck or rail traffic and requiring access to major transportation channels and/or creating influences not acceptable in the C-2 district;
(h)
Accessory structures and uses customarily incident to the above permitted uses, including the residence for night watchman or caretaker employed on the premises;
(i)
Other uses of similar character; and
(j)
Signs in accordance with adopted regulations and ordinances;[.]
(Ordinance 17-13 adopted 6/27/17)
§ 6.02 CONDITIONAL USES (REQUIRE USE PERMITS).
(a)
Planned shopping center;
(b)
Amusement parks, circus or carnival grounds, commercial amusement or recreation development or tents or other temporary structures used for temporary purposes, in accordance with all applicable City regulations and ordinances;
(c)
Facilities for railroads or those utilities holding a franchise under the City; or
(d)
Owner-occupied residence in compliance with the setback requirements of this zoning district.
(Ordinance 17-13 adopted 6/27/17)
§ 6.03 REQUIRED CONDITIONS.
§ 6.04 PROHIBITED USES.
(a)
Any building erected or land used for other than one or more of the preceding specified uses.
(Ordinance 17-13 adopted 6/27/17)
§ 7.01 PERMITTED USES.
(a)
Any of the following uses when the manufacturing, compounding or processing is conducted wholly within a completely enclosed building. That portion of the land used for open storage facilities for materials or equipment used in the manufacturing, compounding or processing shall be totally obscured by a wall on those sides abutting a residential district and C-1 and C-2 districts.
(1)
The manufacturing, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, pharmaceutical, toiletries, food products, hardware and cutlery;
(2)
The manufacturing, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: Bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, sheetmetal (excluding saw and planing mills) and yarns;
(3)
The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas;
(4)
Manufacture of musical instruments, toys, novelties, and metal or rubber stamps, or other small molded rubber products;
(5)
Manufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs;
(6)
Laboratories - Experimental, film or testing;
(7)
Manufacture and repair of electric or neon signs, sheetmetal products, including heating and ventilating equipment, cornices, eaves and the like;
(8)
Tool, die, gauge and machine shops;
(9)
All public utilities, including buildings, necessary structures, storage yards and other related uses;
(10)
Any use listed as permitted in C-4.
(b)
Accessory structures and uses customarily incidental to the above permitted uses.
(c)
Other uses of a similar and no more objectionable character to those principal uses permitted subject to any and all provisions of regulations relating to the use of property within the City.
(Ordinance 17-13 adopted 6/27/17)
§ 7.02 CONDITIONAL USES (REQUIRE USE PERMITS).
(a)
Planned shopping centers;
(b)
Planned industrial parks;
(c)
The residence of a watchman or caretaker employed on the premises;
(d)
Amusement parks, circus or carnival grounds, commercial amusement or recreation developments, or tents or other temporary structures used for temporary purposes, in accordance with all applicable City regulations;
(e)
Facilities for railroads or those utilities holding a franchise under the City;
(f)
Portable buildings other than storage buildings; or
(g)
Owner-occupied residence in compliance with the setback requirements of this zoning district
(Ordinance 17-13 adopted 6/27/17)
§ 7.03 REQUIRED CONDITIONS.
Gasoline service stations or retail outlets where gasoline products are sold, drive-in businesses, and veterinary hospitals shall be subject to the same limitations as set forth in Article IV sections 4.02(c), (d), (e), (f), (g), and (h) herein. No permit shall be issued unless an access lane has been clearly designated on the subdivision plot.
(Ordinance 17-13 adopted 6/27/17)
§ 7.04 PROHIBITED USES.
(a)
Any building erected or land used for other than one or more of the preceding specified uses.
(Ordinance 17-13 adopted 6/27/17)
§ 8.00 (I-2) HEAVY INDUSTRIAL DISTRICT.
Permitted uses:
(a)
All uses listed as permitted in the I-1 district, provided that the manufacturing, compounding or processing is conducted wholly within a completely enclosed building and that the portion of land used for open storage facilities for materials or equipment used in manufacturing, compounding or processing be totally obscured by a wall on those sides abutting RS, RMF, RMH, C-1 and C-2 districts; or
(b)
Any use not previously listed subject to any and all provisions of all regulations relating to the use of property within the City.
(Ordinance 17-13 adopted 6/27/17)
§ 8.01 CONDITIONAL USES (REQUIRE USE PERMITS).
(a)
Planned shopping center;
(b)
Planned industrial park;
(c)
Amusement parks, circus or carnival grounds, commercial amusement or recreation developments, or tents or other temporary structures used for temporary purposes, in accordance with all applicable City regulations;
(d)
Facilities for railroads or those utilities holding a franchise under the City;
(e)
The residence of a watchman or caretaker employed on the premises;
(f)
Owner-occupied residence in compliance with the setback requirements of this zoning district; [.]
(Ordinance 17-13 adopted 6/27/17)
§ 8.02 REQUIRED CONDITIONS.
Gasoline service stations or retail outlets where gasoline products are sold, drive-in businesses and veterinary hospitals shall be subject to the same limitations as set forth in Article IV, Section 4.02(c), (d), (e), (f), (g), and (h) herein. No permit shall be issued unless an access lane has been clearly designated on the subdivision plat.
(Ordinance 17-13 adopted 6/27/17)
§ 8.03 PROHIBITED USES.
(a)
Those uses, which in the opinion of the Planning and Zoning Commission and/or City commission, would be detrimental to the health, safety or general welfare of the citizens or to adjacent development; or
(Ordinance 17-13 adopted 6/27/17)
§ 9.00 “O” UNDEVELOPED - OPEN SPACE DISTRICT.
Land use activities shall be allowed only for the following purposes:
(a)
Public parks and playgrounds; or
(b)
Agricultural uses provided that any structure or enclosure for the shelter of livestock and poultry shall be located not less than 200 feet from any street or lot line.
(Ordinance 17-13 adopted 6/27/17)
§ 10.00 “IN” INSTITUTIONAL DISTRICT.
Land use activities shall be allowed only for the following purposes:
(a)
Public and private schools;
(b)
Community or other civic buildings including museums;
(c)
Libraries and auditoriums;
(d)
Institutions of educational, charitable or philanthropic nature, but not a penal or mental institution;
(e)
Nursing or convalescent home; and [sic]
(Ordinance 17-13 adopted 6/27/17)
§ 11.01 PURPOSE.
The Expressway Corridor District (ECD) is a special purpose district created to identify uses and regulations for properties adjacent to and in the proximity of the US 83/IH2. These regulations are intended to encourage new and appropriate uses and design, and to protect existing uses that will benefit the City of San Juan. This district is intended to support businesses that complement each other and to be a destination in the Rio Grande Valley for shopping, entertainment, and employment.
Except as hereinafter provided no building or structure shall be erected, reconstructed, or structurally altered and no premises shall be used except in conformity with the regulations prescribed for the district.
The following district regulations replace the current uses as a distinct new district. Where there is any ambiguity, the Planning and Zoning Commission, upon the recommendation of Staff, will be the deciding body, and if appropriate, a recommendation will be forwarded to the City Commission.
(Ordinance 17-24 adopted 11/14/17; Ordinance 2022-24 adopted 6/28/2022)
§ 11.02 DISTRICT USES.
(a)
Uses Permitted By Right -
The uses as shown in the following Zoning Use Chart are permitted by right and are subject to the restrictions of this district. In general, definitions are defined by terms in general use or in Appendix A, Unified Development Chapter 1, Article III. Definitions of uses specific to this District are found in Section 11.03 of Appendix A, Unified Development Code.
(b)
Nonconforming Uses -
With the creation of the new Expressway Corridor District (ECD) some current land and building uses may become existing nonconforming uses. They will not be required to close or relocate, however they become subject to the requirements and regulations in Appendix A, Chapter 2, Article VII, Nonconforming Uses.
(Ordinance 17-24 adopted 11/14/17; Ordinance 2022-24 adopted 6/28/2022)
§ 11.03 DEFINITIONS.
In addition to the definitions in Appendix A, Unified Development Code, Chapter 1, Article III, Definitions, the following definitions apply specifically to this district.
The following definitions are to be used in the application of this district. They are terms that are accepted in standard planning and zoning usage. If a word or term is not defined herein, a definition from a dictionary in general usage shall be applied.
An establishment offering for sale articles such as glass, china, furniture or similar furnishing or decorations which have value and significance as a result of age, design or sentiment.
A place for baking or selling baked goods, or a place for preparing, cooking, making or selling candy or other sweets.
A facility licensed by the state where hair cutting, hair dressing, shaving, trimming beards, facials, manicures, tanning or related services are performed.
A permanent natural or landscaped area serving to separate two (2) different land uses or developments. It may be in the form of a strip of land lying parallel and adjacent to a property line common to a dissimilar use of a more restrictive nature. The purpose of this buffer is to provide for minimum livability and maximum required visual screening and physical separation of uses of a dissimilar nature.
A semi-enclosed structure for washing automobiles with automatic application of cleaners, brushes, rinse water, and heat for drying. May include manually operated exterior located vacuuming equipment and detailing operations.
A facility for personal services including hair care, manicure, pedicure, waxing, and tanning. If the spa services include massages, the use must comply with the following definition.
Massage establishment:
Any place of business in which massage therapy is practiced by a massage therapist, as defined by Texas Law. “Massage therapy”, as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub shower, or cabinet baths. Equivalent terms for massage therapy are massage, therapeutic massage, massage technology, myotherapy, or any derivation of those terms. The terms “therapy” and “therapeutic” do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law. Also see definition of Health Studio [sic].
A retail facility displaying and selling new furniture, and may include appliances such as radios, televisions, stereos, refrigerators, and stoves.
An establishment for the retail sale of hobby supplies such as model kits, art equipment and materials.
A facility which retails appliances, fixtures, building materials and other similar items for the maintenance and improvement of residential structures.
An institution licensed by the state that provides health services primarily for human inpatient, medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities.
A building or a group of buildings under one ownership containing six (6) or more sleeping rooms occupied, intended or designed to be occupied as the temporary abiding place for persons who are lodged with or without meals for compensation, but not including a hospital or recreational vehicle camping area.
A facility which retails watches, rings, bracelets, necklaces and similar items.
A facility for the sale of books, pamphlets, paper, pens, ink and associated items; not involving wholesale distribution.
A use, activity, structure or a parcel of land occupied by a land use activity that was lawful prior to the adoption, revision or amendment of the Zoning Ordinance, but fails to conform to the regulations of this Zoning Ordinance and the district in which it is situated and which has been identified as a nonconforming use.
A facility for the display, sales, service or repair of equipment, machines or computers typically utilized in daily activities of offices.
Any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved for resource protection, public or private use and enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space shall not include land occupied by nonrecreational structures, roads, street rights-of-way, parking lots, land reserved for future parking, or any portion of required minimum lot areas as required by this Ordinance.
A facility for selling paints, painting equipment and wallpaper.
A paved area, enclosed or unenclosed, sufficient in size to store one automobile together with a paved driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile.
A facility for temporary storage of motorized or wheeled vehicles.
A facility for preparing, preserving, compounding and dispensing drugs and medicines; and may include the display and sale of other merchandise such as cosmetics, notions, fountain services and similar items.
An establishment which by design of physical facilities or by the type of service and packaging permits or encourages the purchase of prepared, ready-to-eat foods for consumption on or off the premises and which does permit consumption on the premises in motor vehicles. A conditional use may be required for the drive thru to ensure adequate stacking and speaker location.
An establishment where food is available to the general public primarily for consumption within a structure on the premises or which by design of physical facilities or by type of service and packaging permits or encourages the purchase of prepared, ready-to-eat foods intended for consumption off the premises, and where the consumption of food in motor vehicles on the premises is neither permitted nor encouraged. May include covered or uncovered patio seating.
An establishment engaged in the selling or rental of goods or merchandise to the general public for personal use or household consumption.
A group of unified commercial establishments built on a site which is planned, developed, owned, and managed as an operating unit related in its location, size, and type of shops to the trade area that the unit serves with customer and employee parking provided on-site.
A retail establishment selling athletic uniforms, sport clothing and sporting equipment.
A retail shop which sells and services digital devices including computers, cell phones, video equipment.
(Ordinance 17-24 adopted 11/14/17; Ordinance 2022-24 adopted 6/28/2022)
§ 11.04 ZONING USE CHART.
Uses | Permitted by Right P | Conditional Use C |
|---|---|---|
Retail (free standing or in center) | ||
Antique shop | P | |
Bakery, ice cream, or confectionery shop | P | |
Cellphone/computer/technology sales and service | P | |
Clothing store (men’s, ladies’, and children’s including shoes and other apparel) | P | |
Convenience store | P | |
Florist shop | P | |
Home furnishings/Furniture store | P | |
Hardware store | P | |
Hobby shop | P | |
Jewelry store | P | |
Office equipment sales/service | P | |
Paint and wallpaper store | P | |
Pharmacy or drugstore | P | |
Sporting goods store | P | |
Shopping center up to and including 30,000 square feet | P | |
Shopping center 30,000 to 75,000 square feet | P | |
Shopping center greater than 75,000 square feet | C | |
Grocery store | C | |
Big box including grocery and home improvement (over 100,000 square feet) | C | |
Eating and Drinking Establishments | ||
Restaurant or cafe without drive-in service, with covered patio | P | |
Restaurant or cafe drive-in/thru service | C | |
Coffee shop | P | |
Delicatessen/Specialty foods | P | |
Personal Services | ||
Day Spa | P | |
Barber or beauty shop | P | |
Nail salon | P | |
Medical and Care facilities | ||
Clinic: medical, dental, optical, chiropractor, health care services | P | |
Emergency/medical ambulatory care facility (limited overnight stays) | P | |
Hospital | P | |
Optician, Optical shop | P | |
Pharmacy or drugstore | P | |
Lodging* | ||
Hotel | P | |
Office, Professional | ||
Attorney, Engineer, Architect, Landscape architect, Insurance, Financial advisor, Travel agent | P | |
Bank or credit union | P | |
Pet | ||
Pet Supplies | P | |
Miscellaneous | ||
Open space/Plaza | P | |
Library, art gallery, studio, museum | P | |
Theater | P | |
Bike Racks | P | |
Automobile charging station | C | |
ATM (free standing) | C | |
Public and Private Utilities | ||
City infrastructure (water, waste water, drainage, fire, police) | P | |
Government offices | P | |
Private Utilities (telephone, cable) | P |
(Ordinance 17-24 adopted 11/14/17; Ordinance 2022-24 adopted 6/28/2022)
§ 11.05 AREA AND HEIGHT REQUIREMENTS.
(d)
Lot width:
100 feet minimum
(e)
Lot depth:
200 feet minimum
(f)
Lot coverage:
75 percent of total area and incorporates low impact development criteria
A building may exceed ten stories or 160 feet if set back one (1) foot for every two (2) feet of height above 125 feet but in no case shall the height of a building exceed the total of the street width on which it faces plus the depth of the front yard and when it is adjacent to a residential use. |
(Ordinance 17-24 adopted 11/14/17)
§ 11.06 PARKING AND LOADING REGULATIONS.
Parking requirements shall be in accordance with Appendix A, Unified Development Code, Chapter 6 - Off-Street Parking Regulations with the following additions or exceptions.
(a)
Parking lot location is encouraged to be on the side and rear except for automobile sales, grocery and large scale retail development. For properties with 25-foot to 60-foot front setbacks, the parking shall be on the side or rear of the building.
(b)
Angle parking is allowed.
(c)
Landscaping shall be provided where large expanses of concrete or asphalt occur. Parking Lots with 150 or more spaces shall be divided by landscaped areas including walkways and/or landscaped areas.
(f)
Shade trees may be planted in the median or landscape areas when there is adequate room for the root ball and irrigation is provided. Otherwise, trees should be planted on the perimeter of the development or in groups in open space or around detention facilities.
(g)
Bio-swales shall be designed to support vegetation and handle sheet flow drainage in the parking lot. Plants in the bio-swales should be appropriate to handle temporary excess water as well as drought conditions.
(h)
No loading docks shall back onto the frontage or arterial roads.
(i)
Loading docks shall be to the side or rear of the building, except loading docks shall not back to residential areas unless there is landscaping or buffering.
(Ordinance 17-24 adopted 11/14/17)
§ 11.07 DRIVEWAYS.
(a)
All driveways connecting with the US83/IH2 frontage road are subject to Texas Department of Transportation requirements and regulations for location and spacing.
(b)
Shared driveways are encouraged for coordinated access to and from the frontage roads.
(c)
All driveways shall be paved.
No separate direct access from a frontage road shall be permitted to any property whose frontage on the frontage road is less than three hundred feet (200') [sic]. Unless it would be unreasonable to impose this requirement, a public street more or less perpendicular to the frontage road and Access Lanes shall be required in all cases to provide access to properties along the frontage road.
(d)
If required for development access, a paved access drive shall be provided more or less reasonably parallel to the frontage road. Said access lane shall conform to the following requirements:
(1)
may be located in the front building setback if approved by the Planning Director;
(2)
shall be designed and constructed to permit two-way traffic and to allow access to tracts along the frontage road;
(3)
shall be paved;
(4)
shall be set aside by curbs, landscaping or otherwise marked as approved by the Planning and Zoning Commission;
(5)
shall be designed and constructed to intersect (at 90 degrees) with a public street; and
(6)
shall be provided with directional signs and traffic-control signs or devices.
(Ordinance 17-24 adopted 11/14/17)
§ 11.08 LANDSCAPING.
Landscaping for new construction and site redevelopment shall follow Appendix A, Unified Development Code, Chapter 5 - Landscaping Regulations with the following additions.
(a)
Underground automatic sprinkler systems shall be required for all multifamily, commercial and office projects. When 100 percent native drought-tolerant landscaping is proposed, temporary irrigation for plant establishment, of not less than two years, may be installed in place of a permanent sprinkler system as approved by the city.
(b)
Landscape plans for multifamily, lodging, commercial, and office development shall incorporate common open space or park areas as required with trails, interior courtyards and recreation facilities suitable for the benefit of the project’s anticipated residents.
(c)
Foundation Planting.
(1)
For all commercial buildings, foundation plantings shall be provided around all areas of the base of the building not directly abutting a sidewalk, plaza, service, or loading area. Foundation plantings shall be scaled according to the nature of the wall area, limited at primary building facades and around features such as windows, entries, and architectural elements, and increased for areas of blank walls and utilities.
(2)
For all office buildings, an average depth of 15 feet from the face of the building shall be provided around the building; provided, that pedestrian facilities, such as sidewalks, may be located within this 15 feet area and shall count as landscaping; and provided further, that building loading areas shall not be subject to this requirement.
(3)
For all mixed-use, lodging and multifamily buildings, foundation plantings shall be provided to soften the overall impact and scale of the buildings. Foundation plantings shall be provided around each individual building, at the base of the building.
(5)
Required trees may be planted on the perimeter of the development, in groupings in open space areas, and on the perimeter of stormwater detention areas in lieu of planting in parking lot medians.
(Ordinance 17-24 adopted 11/14/17)
§ 11.09 ARCHITECTURAL DESIGN STANDARDS.
The purpose of the following architectural standards is to ensure that new construction and additions to existing buildings are well designed, detailed, and crafted to embody high standards of architectural design that will promote the long-term viability on both sides of US 83/IH2. By encouraging new buildings to be designed with plazas and situated perpendicular to the roadway, future development will not only take advantage of the tract depths, but provide the opportunity for more visual interest. The designs, including colors, shall be of such as to express the vitality of the area and take advantage of the City’s heritage, growing international culture, and climate, thereby making San Juan’s highway frontage a unique destination in the Rio Grande Valley.
The following standards shall apply to all development. For the purposes of this section, the Planning Director, in coordination with other applicable city departments, shall be authorized to review and make decisions on the following architectural standards.
(a)
[Reserved.]
(b)
Building Materials.
(1)
Exteriors shall be constructed of stone, brick, stucco, fiber cement or a combination of these materials, EFIS (synthetic stucco) is not allowed.
(2)
No metal siding is allowed except for architectural details less than 20% of the building facade, however a standing seem metal roof is allowed if it is in keeping with the design of the building.
(d)
Facade Massing.
(1)
Front facades 60 feet wide or wider shall incorporate wall offsets of at least two feet in depth (projections or recesses) a minimum of every 40 feet. Each required offset shall have a minimum width of 20 feet.
(2)
The following alternatives can be used in place of the required front facade offsets:
(A)
Facade color changes following the same dimensional standards as the offset requirements;
(B)
Pilasters having a minimum depth of one foot, a minimum width of one foot, and a minimum height of 80 percent of the facade’s height; and/or changes;
(C)
Roofline changes when coupled with correspondingly aligned facade changes.
(e)
Roofline Changes.
(1)
Roofline changes may include changes in roof planes or changes in the top of a parapet wall, such as extending the top of pilasters above the parapet wall.
(2)
When roofline changes are included on a facade that incorporates wall offsets or material or color changes, roofline changes shall be vertically aligned with the corresponding wall offset or material or color changes.
(f)
Roofs.
(1)
There are a variety of types of roofs: gable, gambrel, hip, mansard, shed, flat, etc. or a combination of types. The roof design and construction should be appropriate for the local climate.
(2)
Asymmetric or dynamic roof forms are allowed to provide variety and flexibility in nonresidential building design, and allow for unique buildings. Asymmetric or dynamic roof forms shall be permitted on nonresidential buildings as an alternative to flat roofs.
(3)
Mechanical equipment shall not be visible from the ground within 1,000 feet from the building, and shall be screened in accordance with the following: roof-mounted mechanical or other equipment shall be screened by roofing and/or by parapet walls. Ground-mounted equipment within view of a roadway or driveway used by the general public shall be screened by masonry walls. Ground-mounted equipment, not within view of a roadway or driveway used by the general public, shall be screened by landscaping, at a minimum.
(g)
Customer Entrances.
(1)
Each side of a building facing a public street shall include at least one customer entrance, except that no building shall be required to provide entrances on more than two sides of the structure that face public streets.
(2)
Buildings shall have clearly defined, highly visible customer entrances that include no less than three of the following design features:
i.
Canopies/porticos above the entrance;
ii.
roof overhangs above the entrance;
iii.
entry recesses/projections,
iv.
arcades that are physically integrated with the entrance,
v.
raised corniced parapets above the entrance,
vi.
gabled roof forms or arches above the entrance,
vii.
outdoor plaza adjacent to the entrance having seating and a minimum depth of 20 feet,
viii.
display windows that are directly adjacent to the entrance,
ix.
architectural details, such as tile work and moldings, that are integrated into the building structure design and are above and/or directly adjacent to the entrance, and
x.
planters or wing walls that incorporate landscaped areas or seating areas. (A wing wall is a wall secondary in scale projecting from a primary wall and not having a roof.)
The Planning Director has the authority to review and enforce the provisions of this section during the zoning application and/or building permitting processes. |
(h)
Loading docks and delivery areas.
(1)
Loading docks and delivery areas shall be located to the side or rear of the building.
(2)
Outside loading docks and delivery areas that are within view of a roadway, driveway, or residential areas, shall be screened from view by masonry walls or landscaping buffer of not less than six (6) feet in height.
(i)
Awnings.
(1)
Awnings are an appropriate feature in the Valley climate. Awnings may be constructed and maintained in accordance with this subsection.
(2)
An awning may be located over a storefront, a window, or a building entry. An awning may extend over the framing of a window or the framing of a building entry.
(3)
An awning shall not visually dominate the building to which such awning is attached and shall complement the character and design of the building.
(4)
A single awning shall not extend beyond the frame of a window or a building entry. If an awning is located over a storefront, such awning shall not extend beyond the lesser of: the outermost frame of a window located within one foot of a building entry or 30 feet.
(5)
The bottom of an awning shall not be higher than the top frame of a storefront building entry or window, a building entry, or a window of the building to which such awning is attached and shall be no higher than 12 feet from the finished floor as determined by measuring 12 feet from the finished floor specified in the permitted building plans of the business establishment using such awning to the top of the awning.
(6)
An awning shall be constructed of fabric, metal, or glass. An awning should complement the overall color scheme of the building facade.
(Ordinance 17-24 adopted 11/14/17)
§ 11.10 RESERVED. [1]
[1]
Editor's note—Former section 11.10 pertaining to additional standards for condominium or multifamily/apartment development and deriving from Ordinance 17-24 adopted 11/14/17, was deleted in its entirety by Ordinance 2022-24 adopted 6/28/22.
§ 11.11 ADDITIONAL STANDARDS FOR HOTEL DEVELOPMENT.
The following additional standards shall apply to hotel development:
(a)
Long uninterrupted expanses of building facades are prohibited. Articulation is required through the use of jogs, projections or retreats in the building walls, windows, balconies, entryways and bays.
(1)
All building entries adjacent to a street shall be pedestrian-scaled and shall include two or more of the following architectural treatments:
i.
distinctive doorways;
ii.
distinctive entry canopies or awnings;
iii.
projected or recessed entry bays; porches;
iv.
changes in paving material, texture, or color;
v.
landscaping providing entry focal points;
vi.
fountains;
vii.
decorative benches;
viii.
ornamental glazing;
ix.
railings; and
x.
balustrades.
(2)
Stairs, hallways, and elevators shall be located within buildings and structures and not on the exterior of buildings and structures.
(3)
Guestrooms may be accessible only through interior corridors.
(4)
Excluding windows and doors, a minimum of 50 percent of the exterior of buildings shall consist of architectural approved building materials in this zoning district ordinance.
(5)
If freestanding parking structures are used, such structures shall be located so as to be easily accessible to the buildings in which the guestrooms they service are located.
(6)
The exteriors of freestanding multistory parking structures shall have architecturally-designed masonry panels.
(7)
Outdoor delivery or service areas within view of any right-of-way or residential area shall be screened from view by masonry walls.
(8)
Outdoor recreational space within view of any right-of-way or residential area shall be screened from view by a combination of fencing and landscaping. The use of chainlink fencing materials shall not satisfy the requirements for screening outdoor recreational space.
(Ordinance 17-24 adopted 11/14/17; Ordinance 2022-24 adopted 6/28/2022)
§ 11.12 SIGNS.
(a)
Additions to San Juan Code of Ordinances, Chapter 3 Building Regulations, Article 3 [Article 3.05], Signs specific to the proposed Expressway Corridor District (ECD)
(2)
Signs shall not obscure the visibility of the windows of commercial structures. No more than 50 percent of window may be used for sign lettering.
(3)
For new developments or redevelopment a Sign Master Plan shall be submitted in accordance with Section 3.05.010, Master Sign Plan.
(4)
For new digital billboard signs or conversion from static to digital signs, another sign(s) under the same ownership of equivalent square footage shall be removed.
(Ordinance 17-24 adopted 11/14/17)
§ 11.13 ADDITIONAL REQUIREMENTS FOR CARWASH FACILITIES.
(a)
There shall be a 10,000-linear foot minimum separation between carwash facilities for properties with frontage along IH2/US Expressway 83. The distance shall be measured by a direct line from the corner of one property to the corner of another property.
(Ordinance 17-24 adopted 11/14/17; Ordinance 2022-24 adopted 6/28/2022)
§ 12.00 SPECIAL USE REGULATIONS.
Any person or entity may make application to the City Commission for a special use permit for special use described below.
(Ordinance 15-10 adopted 8/11/15)
§ 12.01 APPLICATION FEE.
Said application must be accompanied by an application fee.
(Ordinance 15-10 adopted 8/11/15)
§ 12.02 SPECIAL USE PERMIT.
(a)
The City Commission by an affirmative two-thirds vote may grant a special use permit for the following special uses in any district as qualified for which they are otherwise prohibited by this Code; and may impose appropriate conditions and safeguards, including a specified period of time for the permit. The City Commission shall have great discretion.
(1)
Airport, landing field, or landing strip for aircraft;
(2)
Amusement park, but not within 300 feet of any “R” District;
(3)
Circus or carnival grounds, but not within 300 feet of any “R” District;
(4)
Commercial, recreational, or amusement development for temporary, seasonal or other limited periods but not within 300 feet of any “R” District;
(5)
Hospital, clinic or institution;
(6)
Office building or a civic, religious or charitable organization, conducting activities primarily by mail and not handling merchandise or rendering services on site.[;]
(7)
Privately operated community building or recreation field;
(8)
Any public or government building, including public or denominational schools;
(9)
Radio or television broadcasting tower or station;
(10)
In accordance with the Texas Alcoholic Beverage Code on-premises consumption of alcoholic beverages, including beer;
(11)
Drive-in theaters;
(12)
Neighborhood grocery stores, provided they are located on a corner lot, with total floor area not to exceed two thousand five hundred (2,500) square feet, display signs not to exceed the height of the average roofline of the neighborhood and to be switched on no earlier than 6:00 a.m. and switched off no later than 11:00 p.m.; or
(13)
Planned Unit Development.
(b)
The owner shall file with the Planning and Zoning Commission a proposed site plan and detailed description of the structures to be erected, the other facilities of the project and the land uses involved. In addition, the applicant shall furnish such other information as the Planning and Zoning Commission may reasonably require. In acting upon the application, the Planning and Zoning Commission may alter setback requirements, height limits, building size limits, off-street parking regulations, landscaping rules and density and intensity limits. It may also recommend to the City Commission uses not permitted in the district where the lot is located, providing such uses are desirable or convenient for users of the lot as developed or the immediate neighborhood, and provided that such uses are planned so as to assure that they will not materially alter the existing character of the neighborhood.
(c)
A special permit granted by the City Commission under the provisions above shall be considered as an amendment to the zoning regulation as applicable to such property. In granting such permit the City Commission may impose conditions which shall be complied with by the applicant before any final public utility connection may be made with such building or property, and such conditions shall not be construed as conditions precedent to the granting of the special permit or the change in zoning of said property, but shall be considered a precedent of such final public utility connections.
(d)
Before authorization of any of the above special uses, the request shall be referred to the Planning and Zoning Commission for study and a written report concerning:
(Ordinance 15-10 adopted 8/11/15)
§ 12.03 HEARINGS.
Public hearings shall be held before the Planning and Zoning Commission and the City Commission. Notices and publications of the time and place for which shall conform to the procedure prescribed in Article VIII[.]
(Ordinance 15-10 adopted 8/11/15)
§ 12.04 TEMPORARY BUILDINGS.
Temporary buildings used only in connection with construction work may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.
(Ordinance 15-10 adopted 8/11/15)
§ 12.05 RAILROADS AND UTILITIES.
Existing railroads and utilities including telephone service may continue to be operated and maintained in dwelling and commercial districts but no new railroad or utility structure other than the usual poles, wires and underground utilities shall be established in such districts except when so authorized by the Zoning Board of Adjustments.
(Ordinance 15-10 adopted 8/11/15)
§ 12.06 LEGAL NONCONFORMING STRUCTURE.
On any lot of record on which there is a conforming structure which is considered “legal nonconforming” due to the nonconformity of other structures on, or adjacent to this lot, the otherwise conforming structure may be altered or enlarged, provided such alteration or enlargement does not in itself create a nonconforming use or increase any hazardous condition.
(Ordinance 17-13 adopted 6/27/17)
§ 1.00 DEFINITIONS APPLICABLE TO THIS SECTION.
(a)
Building Line:
A separately designated driving lane permitting one-way or two-way traffic in a parking lot. A line initially established by this zoning regulation, or imposed subsequently by the City Commission, across the front, side, or rear of any lot or tract of land bordering upon a thoroughfare larger than a residential street to accomplish the purposes of this section;
(b)
Prohibited Erection Area:
The area between the street, right-of-way, alleyway, greenbelt or other physical boundary or thoroughfare (so identified in connection with a “building line”) and a building line on a lot or tract established under this section within which the erection, re-erection, reconstruction, or substantial repair of a structure is prohibited.
(c)
Structure:
A building or any other structure (including signs, towers, etc.), or a part of a building or other structure. A structure shall not include a paved or landscaped area.
(Ordinance 15-10 adopted 8/11/15)
§ 2.00 PERMITS PROHIBITED.
No permit may be granted by the City for the erection or re-erection of a building or structure within the Prohibited Erection Area of any tract subject to the following exceptions:
(a)
The Commission finds that to prohibit the erection under the proposed circumstances would constitute an unreasonable and arbitrary or capricious determination; and
(b)
Proper conditions are imposed (i.e., height, width, area, lighting).
(Ordinance 15-10 adopted 8/11/15)
§ 3.00 PROCEDURE FOR APPLICATION OF BUILDING LINES.
A building line may be established across one or more tract(s) which abut upon a thoroughfare, alley, street (not including a residential street), greenbelt or other physical boundary, under the following procedures:
(a)
The building line shall be recommended by the Planning Director. Such recommendation shall at a minimum include the rationale with respect to 1) safety; 2) traffic flow; 3) enforcement of other applicable regulations set out in the Code; 4) open space and community-wide landscaping needs; and 5) the financial or economic impact on the affected tracts.
(b)
The Planning and Zoning Commission shall hold at least one public hearing on the proposed building line, notice of which shall be given by published notice and certified mail to the record owners of affected property.
(c)
The Planning and Zoning Commission shall give its recommendation for or against the adoption of the building line.
(Ordinance 15-10 adopted 8/11/15)
§ 4.00 ACCESS LANES.
An access lane shall be provided on each tract adjacent to the expressway frontage road or other major thoroughfare if the following conditions are applicable:
(a)
the width of the tract or tracts adjacent to frontage road exceeds 500 feet;
(b)
the tract or aggregate of tracts which have access to the frontage road on thoroughfare exceed 4 acres in size; or
(c)
the Planning Director has recommended and the Planning and Zoning Commission has found that the lane shall be designed and constructed to direct two-way traffic among all tracts adjacent to the frontage road and to convey traffic to other traffic arterials. Access lanes shall be paved; shall include a reverse curb and gutter on the frontage road side, and shall at the closest point to the thoroughfare be at a distance of no less than 8 feet from the street right-of-way line.
(Ordinance 15-10 adopted 8/11/15)
§ 5.00 PLAT REQUIREMENTS.
The preliminary and final plat shall include a separate page dedicated to the design and specifications of the access lane. No preliminary plat for a commercial or industrial zone shall be approved unless a notation is included on the plat indicating if an access lane is required.
(Ordinance 15-10 adopted 8/11/15)
§ 6.00 EXPRESSWAY OVERLAY ZONE.
The Expressway Overlay Zone is generally all property abutting U.S. Expressway 83 and extends two hundred feet (200') from the Expressway right-of-way. In addition to the particular requirements of the Base Zone classification(s) applicable to tracts in this zone, tracts in this zone shall conform to the following additional requirements:
(a)
Building Lines.
All buildings and structures shall be set back according to a building line of no less than 60 feet from the front property line;
(b)
Access lane.
A paved access lane shall be provided more or less reasonably parallel to the frontage road. Said access lane shall conform to the following requirements:
(1)
shall be paved;
(2)
shall be set aside by curbs, landscaping or otherwise marked as approved by the Planning and Zoning Commission;
(3)
shall be designed and constructed to permit two-way traffic and to allow access to tracts along the frontage road;
(4)
shall be designed and constructed to intersect (at 90 degrees) with a public street;
(5)
shall be provided with directional signs and traffic-control signs or devices;[.]
(Ordinance 15-10 adopted 8/11/15)
§ 7.00 FRONTAGE ROAD ACCESS.
No separate direct access from a frontage road shall be permitted to any property whose frontage on the frontage road is less than three hundred feet (300'). Unless it would be unreasonable to impose this requirement, a public street more or less perpendicular to the frontage road and Access Lanes shall be required in all cases to provide access to properties along the frontage road.
(Ordinance 15-10 adopted 8/11/15)
§ 8.00 EXCEPTIONS.
A request for an exception from any requirement of the Overlay Zone shall be submitted as soon as practicable to the City Commission which shall have the authority to consider the exception.
(Ordinance 15-10 adopted 8/11/15)
§ 9.00 MAJOR THOROUGHFARE PLAN.
Upon submission of a preliminary plat for the development of one or more tracts within the Expressway Overlay Zone, the Planning Director shall recommend modifications and/or amendments to the Major Thoroughfare Plan of particular impact, if any, to the development of the tract or tracts.
The following roadway segments are part of the city’s thoroughfare plan:
Expressway Corridors - 350' of right-of-way | |
* | US Expressway 83/lnterstate 2 from Veteran’s Boulevard to Cesar Chavez Road |
* | Dicker Road from San Juan Road to Cesar Chavez Road (toll road) |
* | San Juan Road from Veteran’s Boulevard to Military Highway (toll road) |
High-Speed Principal Arterials - 150' of right-of-way | |
* | Veteran’s Boulevard from Juan Balli Road to US 281 (Military Highway) |
* | US 281 (Military Highway) from Stewart Road to Cesar Chavez Road |
Principal Arterials - 120' of right-of-way | |
* | Raul Longoria Road/Nebraska Avenue from Owassa Road to US Business 83 |
* | Stewart Road from Ridge Road to US 281 (Military Highway) |
* | Owassa Road from Veteran’s Boulevard to Cesar Chavez Road |
* | Nolana Avenue from Veteran’s Boulevard to Cesar Chavez Road |
* | FM 495 from Veteran’s Boulevard to Cesar Chavez Road |
* | Dicker Road from Veteran’s Boulevard to 3,875 East of Stewart Road |
Minor Arterials - 100' of right-of-way | |
* | US Business 83 from Veteran’s Boulevard to Cesar Chavez Road |
* | Ridge Road from Veteran’s Boulevard to Cesar Chavez Road |
* | Hall Acres Road from Veteran’s Boulevard to Cesar Chavez Road |
* | Anaya Road from San Juan Street to Cesar Chavez Road |
* | Veteran’s Boulevard from Owassa to Juan Balli Roads |
* | Nebraska Avenue from US Business 83 to Hall Acres Road |
* | Stewart Road from US Expressway 83/Interstate 2 to Ridge Road |
* | Cesar Chavez Road from Owassa to Juan Balli Roads |
Collector - 80' of right-of-way | |
* | Minnesota Avenue from Veteran’s Boulevard to Cesar Chavez Road |
* | Eldora Avenue from Veteran’s Boulevard to Cesar Chavez Road |
* | Sioux Avenue from Veteran’s Boulevard to Cesar Chavez Road |
* | Sgt. Leonel Trevino Avenue from Raul Longoria to Cesar Chavez Roads |
* | Carroll Road from Stewart to Cesar Chavez Roads |
* | First/Second Street from Veteran’s Boulevard to Stewart Road |
* | 4th Street from San Antonio to Wyoming Avenues |
* | 6th Street from Standard to Nebraska Avenues |
* | 7th Street from Standard to Kansas Avenues |
* | Sam Houston Boulevard from Veteran’s Boulevard to Cesar Chavez Road |
* | Moore Road from Veteran’s Boulevard to Cesar Chavez Road |
* | Juan Balli Road from Veteran’s Boulevard to Cesar Chavez Road |
* | Thomas Road from Veteran’s Boulevard to Cesar Chavez Road |
* | Las Milpas Road from Veteran’s Boulevard to Cesar Chavez Road |
* | Highline Road from Veteran’s Boulevard to Cesar Chavez Road |
* | Oblate Avenue from Minnesota Road to First Street |
* | Standard Avenue from First Street to Sam Houston Boulevard |
* | Lincoln Avenue from First to 5th Streets |
* | Wyoming Avenue from US Expressway 83/Interstate 2 to Sam Houston Boulevard |
* | Cesar Chavez Road from Juan Balli Road to US 281(Military Highway) |
* | Alameda Avenue from Veteran’s Boulevard to Oblate Avenue |
* | Retama Street from Owassa Road to US Expressway 83/Interstate 2 |
(Ordinance 15-10 adopted 8/11/15)
§ 10.00 PRELIMINARY SUBDIVISION PLAT COMPLIANCE.
The Planning and Zoning Commission shall require that all preliminary plats submitted for approval under the City’s subdivision regulation shall include thereon a legend detailing the compliance with the additional requirements of the applicable Overlay Zone. In particular, it shall require:
(a)
that the Building Lines and the Access Lanes be clearly designated in the preliminary and final plats; and
(b)
no plat shall ever be approved for recording unless it shall so comply with these requirements.
(Ordinance 15-10 adopted 8/11/15)
§ 11.00 ADDITIONAL LANDSCAPING & DRAINAGE REQUIREMENTS.
In addition to the landscaping requirements of the landscaping regulations, tracts in the Expressway Overlay Zone shall comply with the following landscaping and storm drainage requirements:
(a)
Trees with a trunk diameter of no less than 3" shall be planted (or an escrow arrangement made with the regard thereto) prior to approval of the final plat or issuance of a certificate of occupancy;
(b)
Include, to the extent reasonably possible, for retention of storm drainage facility on the tract by use of swales or landscaped temporary ponds.
(Ordinance 15-10 adopted 8/11/15)
§ 12.00 DRAINAGE IMPROVEMENTS.
The plat shall include all proposed drainage improvements conforming to the master drainage plan for the Expressway Overlay Zone and shall provide easements granted to the City.
(Ordinance 15-10 adopted 8/11/15)
§ 13.00 OFF-STREET PARKING REQUIREMENTS.
Off-street parking shall be designed to allow:
(a)
conformity with a plan to allow parking to and access to all tracts in the zone;
(b)
consistent with the design of the Access Lane;
(c)
zone-wide landscaping for all tracts;
(d)
access to garbage truck, fire trucks and emergency vehicles; and
(e)
fire lanes.
(Ordinance 15-10 adopted 8/11/15)
§ 1.00 TABLE OF REQUIREMENTS.
The following table shall govern the area and height requirements of all lots and structures.
DISTRICT | TYPE OF USE | MAXIMUM STORIES | HEIGHT (FEET) | MINIMUM WIDTH OF LOT |
|---|---|---|---|---|
R-S | Single-Family Dwelling - corner lot | 2-1/2 | 35 | 60 ft. 65 ft. |
R-MH | Manufactured Homes - corner | N/A | N/A | 50 ft. 55 ft. |
R-MF | Multifamily | 3 | 45 | 150 ft. |
Expressway & High Speed Arterial | 200 ft. | |||
C | Commercial | 10 | 125 | 150 ft. |
Direct Access | 100 ft. | |||
Not direct access | ||||
I1, I2 & IN | Industrial and Institutional | 8 | 100 | 200 ft. |
Direct access | 150 ft. | |||
Not direct access |
DISTRICT | LOT DIMENSIONS DEPTH | AREA PER FAMILY (SQ. FT.) | MINIMUM YARD FRONT SIDE REAR |
|---|---|---|---|
R-S | 100 ft. | 6,000 & 6,500 | 20 ft. (7)* 6 ft. (8)* (9)* |
R-MF Duplex, Triplex, Fourplex and Multiple | 150 ft. | 22,500 | 20 ft. (7)* 6 ft. (8)* (9)* |
R-MH | 125 ft. | 6,250 & 6,875 | |
Expressway & High speed arterials | 400 ft. | 4,000 | |
C1, C2, C3 | 200 ft. | 20,000 & 30,000 | None 4 2 3 |
I1, I2 & IN | 400 ft. | 60,000 & 80,000 | None 4 2 3 |
(Ordinance 15-10 adopted 8/11/15)
§ 2.00 SPECIAL RULES FOR CERTAIN USES.
The following rules shall apply with respect to the specific identified use:
(a)
Multifamily.
A building may be erected to a maximum height of eight stories or 100 feet if set back from all required yard lines a minimum distance of one (1) foot for each two (2) feet of additional height above 45 feet.
(b)
Commercial & Industrial:
(1)
No side yard shall be required except that a side yard of not less than 6 feet in width shall be provided on the side of a lot adjoining a residential district.
(2)
No rear yard shall be required except that a rear yard of not less than 15 feet in depth shall be provided upon that portion of a lot abutting upon a residential district.
(3)
Front yard setback shall be as designated by the minimum setbacks of the Chapter.
(4)
A building may exceed ten stories or 125 feet if set back one (1) foot for every two (2) feet of height above 125 feet but in no case shall the height of a building exceed the total of the street width on which it faces plus the depth of the front yard.
(c)
Industrial:
Whenever a building in any of the Industrial Districts adjoins or abuts a residential district, such building shall not exceed three stories or 45 feet in height unless it is set back one (1) foot from the required side and rear yard lines for each one (1) foot of additional height above 45 feet.
(d)
Single-Family and Multifamily:
(1)
If a dwelling abuts a designated collector street or larger thoroughfare, the front yard dimension shall increase to a minimum of 30 feet; if a dwelling abuts a designated arterial, the front yard dimension shall increase as provided in the minimum setbacks of the Code;
(2)
Minimum side yard requirements may be 3 feet on each side on a lot of record with an average lot width of less than 50 feet; and
(Ordinance 15-10 adopted 8/11/15)
§ 3.00 HEIGHT AND AREA EXCEPTIONS AND MODIFICATIONS.
(a)
The height regulations prescribed shall not apply to:
(1)
television, radio and cell towers;
(2)
church spires;
(3)
belfries,
(4)
monuments,
(5)
tanks,
(6)
water; and
(7)
fire towers;
(8)
stage towers; or
(9)
scenery lofts,
(10)
cooling towers,
(11)
ornamental towers;
(12)
spires;
(13)
chimneys;
(14)
elevator bulkheads;
(15)
smokestacks;
(16)
conveyors; and
(17)
flagpoles.
(b)
Where permitted: The following buildings may be erected to a height not to exceed 60 feet and churches and temples may be erected to a height not to exceed 75 feet when the required side and rear yards are each increased by one foot for each foot of additional building height above the height regulations for the district in which the building is located:
(Ordinance 15-10 adopted 8/11/15)
§ 3.01 REDUCTION OF LOT SIZE BY GOVERNMENTAL ACTION.
Where the owner of a legally platted lot or his successor in title has his/her lot:
(a)
reduced in size as a result of governmental action (such as condemnation); and
(b)
does not own sufficient land to enable him to conform to the dimensional requirements of this Chapter.
such lot may be used as a building site for a single-family residence or other nonresidential uses permitted in the district in which the lot is located, provided that in those cases: | |
(1) | where the lot area or mean lot width is reduced by governmental action not more than twenty (20) percent below the minimum specified in this Chapter, the Chief Building Official shall issue a building permit or certificate of occupancy; |
(2) | where a vacant lot area or mean lot width is reduced by governmental action by more than twenty (20) percent, the Board of Adjustments is authorized to approve as a building site by variance such dimensions as shall conform as closely as possible to the required dimensions of this Chapter provided that the combined area of the main building and its accessory buildings shall not cover more than forty (40) percent of the lot area remaining after governmental action; |
(3) | where a structure is located on a legally platted lot and the existing yards are reduced by governmental action below the dimensional requirements specified in this Chapter, the Chief Building Official shall issue a building permit or certificate of occupancy for alterations to and use of the existing structure if said structure and lot conformed to the required dimensional requirements prior to the lot reduction by governmental action. |
(Ordinance 15-10 adopted 8/11/15)
§ 3.02 FRONT YARD: MODIFICATIONS AND EXCEPTIONS.
(a)
No building shall project beyond the average front yard or the front yard setback so established where 50% or more of the frontage of one side of the street between two streets intersecting such street is improved with buildings that have a front yard which is greater or less than the required front yard in the district; provided, that a front yard depth shall not be required to exceed 50 percent in excess of the front yard otherwise required in the district in which the lot is located;
(b)
The required front yard shall be provided on both streets on lots having double frontage;
(c)
No fence, structure, or planting higher than three and one-half feet above the established street grades shall be maintained within 20 feet of any street intersection in a residential district; the subdivision plat shall so indicate for corner lots.
(d)
Palm trees or similar small trunk trees or vegetation may occupy this area provided that the foliage is a minimum of 8 feet above street grade;
(e)
An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than 10 feet, but this shall not be interpreted to include or permit fixed canopies;
(f)
Filling station pumps and pump islands may be located within a required yard provided they are not less than 12 feet from any property line and not less than 50 feet from the boundary of any residential district;
(g)
Off-street parking facilities may be located within the required front yard of any “C” or “I” district but shall not be nearer than fifty (50) feet to any “R” district. On existing lots of record in all districts except “I,” with an existing single-family residence, off-street parking shall be allowed in the required front yard for at least one passenger car. No posts, canopies or structures shall be allowed in the required front yard;
(h)
A 20-foot corner clip is required on all corner lots.
(Ordinance 15-10 adopted 8/11/15)
§ 3.03 SIDE YARDS: MODIFICATIONS AND EXCEPTIONS.
(a)
On a corner lot, the width of the yard along the side street shall not be less than any required front yard street; provided that the available width of a lot of record shall not be reduced to less than 38 feet; at the time of submission of any original or amended subdivision plat to the Planning and Zoning Commission for approval, the said Planning and Zoning Commission shall have the power and authority to accept and approve any building setback lines projected on said plat or plats and recommend their acceptance and approval by the City Commission of the City, even though said building setback lines may not be in compliance with the requirements set out;
(b)
No accessory building shall project beyond a required yard line along any street;
(c)
Where dwelling units are erected above commercial establishments, no side yard is required except when required for the commercial establishment on the side of a lot adjoining a residential district;
(e)
For the purpose of side yard dwelling regulations, a two-family dwelling or multiple dwelling shall be considered as one building occupying one lot.
(f)
The required side yard may be reduced to 10 percent of the width of the lot, provided, that no side yard shall be less than three feet where a lot of record is less than 50 feet in width.
(Ordinance 15-10 adopted 8/11/15)
§ 3.04 REAR YARDS: MODIFICATIONS AND EXCEPTIONS.
(a)
Any accessory building not exceeding 20 feet in height may not occupy more than 30 percent of the rear yard, and unenclosed parking spaces may not occupy more than 90 percent of the area of a required rear yard.
(b)
The ordinary projections of windowsills, belt courses, cornices and ornamental features may extend to a distance not to exceed 24 inches into a required yard.
(c)
Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, and ordinary projections of chimneys and flues into a rear yard may be permitted by the Chief Building Official for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.
(Ordinance 15-10 adopted 8/11/15)
§ 3.05 LOT AREA PER FAMILY.
Where a lot of record of this Chapter has less area or width than required in the District in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may be used for a one-family dwelling or for any non-dwelling use permitted in the District in which it is located.
(Ordinance 15-10 adopted 8/11/15)
§ 1.00 CONTINUANCE OF USE.
(c)
Intent to resume active operation shall not effect the foregoing.
The general public, the City Commission, and the Planning and Zoning Commission are directed to take note that nonconformance in the use and development of land and buildings are to be avoided or eliminated where now existing, wherever and whenever possible, except:
(Ordinance 15-10 adopted 8/11/15)
§ 2.00 CHANGE OF USE.
A nonconforming use may be changed to any conforming use.
(Ordinance 15-10 adopted 8/11/15)
§ 3.00 APPROVAL.
A nonconforming use shall not be changed to any other type of nonconforming use without prior approval of the Zoning Board of Adjustments which may grant a change of occupancy from one nonconforming use to another, provided the use is:
(a)
within the same or higher classification as the original nonconforming use;
(b)
that such nonconforming use and occupancy will not tend to prolong and continue nonconforming use; and
(c)
the nonconforming use shall not be changed thereafter to a lower classification use.
(d)
remodeling permits shall be limited to ten (10) percent of the value of the building as valued by the Hidalgo County Appraisal District or from a report from an appraisal company licensed in the State of Texas.
Such prior lower classification use shall be considered abandoned. |
(Ordinance 15-10 adopted 8/11/15)
§ 4.00 DAMAGE AND DESTRUCTION.
A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause.
(Ordinance 15-10 adopted 8/11/15)
§ 5.00 PARTIAL DESTRUCTION.
In case of partial destruction by fire or other causes not exceeding fifty percent (50%) of the value of a structure, the Chief Building Official shall issue a permit for reconstruction. If the damage is greater than fifty percent (50%) and less than total destruction, the Zoning Board of Adjustment may grant a permit for repair after a public hearing and having due regard for the property rights of the persons affected when considered in the light of public welfare and the character of the areas surrounding the designated nonconforming use and the purposes of this Code.
(Ordinance 15-10 adopted 8/11/15)
§ 6.00 ENLARGEMENT.
A nonconforming use shall not be enlarged or extended except upon authorization of the Zoning Board of Adjustment.
(Ordinance 15-10 adopted 8/11/15)
§ 7.00 NORMAL MAINTENANCE.
Normal maintenance of a building or a structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations not extending the nonconforming use.
(Ordinance 15-10 adopted 8/11/15)
§ 8.00 STRUCTURAL CHANGES.
No structural alterations shall be made in a building or other structure containing a nonconforming use except that required by law.
(Ordinance 15-10 adopted 8/11/15)
§ 1.00 APPROVAL, PROCEDURE, RESPONSIBILITY AND APPEALS.
The City’s Planning Director shall have the responsibility for processing all use permit applications required for conditional uses and presenting them to the Planning and Zoning Commission for processing as described below.
(Ordinance 15-10 adopted 8/11/15)
§ 2.00 PROCEDURE.
The following procedures shall be complied with prior to the approval or denial of any use permit:
(a)
Notice to all owners of real property within two hundred (200) feet of the property for which application has been made shall be mailed, but in no case shall this notification occur less than ten (10) working days prior to consideration at a meeting of the Planning and Zoning Commission to consider such application.
(b)
Application concerning use permits for those uses which are conditional shall be automatically referred to the Planning and Zoning Commission for a public hearing. The planning director shall investigate, notify the adjacent property owners and provide necessary professional advice. The Planning and Zoning Commission may recommend denial of an application for a use permit after a public hearing if the proposed use fails to meet one of the criteria set forth in requirements for approval.
(Ordinance 15-10 adopted 8/11/15)
§ 3.00 APPLICATION, FILING PROCEDURES AND FEES.
The property owner or certified agent shall:
(a)
make application on a form prescribed by the City; and
(b)
such application shall provide drawings as set forth in “Site Plans Required,” Section 4.00, subsections (b)(1) through (b)(3).
Obtaining a use permit does not exempt the applicant from complying with requirements of the building code or other regulations. The fee for a use permit shall be set by the City Commission. Payment of such fees shall not be refundable in whole or in part. |
(Ordinance 15-10 adopted 8/11/15)
§ 4.00 SITE PLANS REQUIRED.
(a)
Recording:
The applicant shall file with the Planning Director one copy of the site plan.
(b)
Contents:
The site plan shall contain drawings to scale to indicate as needed:
(1)
The location of all structures on the subject property and on adjoining property;
(2)
Landscaping and/or fencing of yards and setback areas and proposed changes;
(3)
Design of ingress and egress;
(4)
Off-street parking and loading facilities;
(5)
Height of all structures;
(6)
Proposed uses; and
(7)
The location and types of all signs, including lighting and heights.
(Ordinance 15-10 adopted 8/11/15)
§ 5.00 REQUIREMENTS FOR APPROVAL.
The Planning and Zoning Commission may recommend approval of a conditional use subject to appropriate conditions and safeguards when the commission finds:
(a)
That the proposed use meets all the minimum standards established in this Code; and
(b)
That the proposed use will not be detrimental to the health, welfare and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property.
(Ordinance 15-10 adopted 8/11/15)
§ 6.00 DEVELOPMENT, REVOCATION AND/OR CANCELLATION.
(a)
The Chief Building Official shall ensure compliance with this Code and the permit. He shall:
(1)
Make inspections to determine compliance with the provisions of this Chapter and the permit, and initiate appropriate action if necessary;
(2)
Investigate thoroughly any complaints of noncompliance concerning a permitted special use, and keep a record of all complaints, indicating any action taken.
(b)
Upon determination of noncompliance with the provisions of the conditional use permit, the building inspector shall take action as follows:
(1)
Give written notice to the permit holder of the nature of the violation, the necessary action to remedy the violation, and the time period, not less than ten (10) days nor more than thirty (30) days after the date of notification, within which to comply;
(2)
Notify the Planning and Zoning Commission of the noncompliance if the violations have not been corrected within the prescribed time period;
(c)
The Planning and Zoning Commission, after due hearing, may revoke any special use permit that has been reported in violation by the building inspector. Continued use without a permit will be a violation of the zoning regulation and subject to the same penalties provided.
(d)
If a use permit has not been used within six (6) months after the date granted, the permit is automatically canceled;[.]
(Ordinance 15-10 adopted 8/11/15)
§ 7.00 PERIOD OF CONDITIONAL USE AND RENEWAL.
A conditional use permit shall have a time limit of not more than one year unless otherwise approved by the City Commission. If the conditional use permit does have a time limitation attached, the expiration date shall be set forth. Any permittee wishing a renewal of such permit for successive time periods shall make application for renewal not less than twenty (20) days before permit expiration. As much as practicable, conditional use permits shall be renewed as a matter of course such that the renewal period falls on or before 30 days before February 1st of every year to allow the planning staff and the Planning and Zoning Committee to consider renewals.
(Ordinance 15-10 adopted 8/11/15)
§ 8.00 REQUIREMENTS OF CONDITIONAL USE.
(a)
Home occupations.
Must meet applicable conditions including but not limited to:
(1)
The area used in conducting the home occupation will be clearly secondary to the residential use;
(2)
Reserved[;]
(3)
There shall be no exterior display or alterations indicating that the building is being used for any purpose other than that of a dwelling;
(4)
There shall be no more than one additional unrelated employee other than immediate members of the family residing on the premises;
(5)
There shall be no outside storage of materials or products;
(6)
The permitted use shall not create frequent or heavy traffic, greater than ten (10) percent of the average load per hour as determined by the Planning Director or other designated official of the City;
(7)
No retail sales shall be permitted (items can be delivered);
(8)
No additions to the residence, accessory buildings or other appurtenances specifically to accommodate the business shall be permitted;
(9)
The business must take place in the primary residential structure on the property rather than in a detached garage or separate accessory building;
(10)
The activity must take place at the location for which the permit was issued.
(11)
The business shall obtain a Sales Tax Permit from the Texas Comptroller of Public Accounts for all retail sales as well as taxable services.
(12)
No signage of any kind shall be allowed advertising the business.
(b)
Manufactured homes:
(1)
An owner-occupied home is permitted; and
(2)
For residential purposes only;
(3)
The land on which it is located must be owned by the occupant of the manufactured home.
(4)
A manufactured home for security or office purposes is permitted if:
(A)
Accessory to an otherwise permitted use;
(B)
Provided that there is only one per premises; and
(C)
It must be related to an existing ongoing business located on that site.
(D)
The home must be located in such a manner as to have access to a public right-of-way within two hundred (200) feet.
(E)
The home must be connected to an approved water distribution and sewage disposal system.
(F)
The home must comply with all applicable provisions of the manufactured and mobile home regulations.
(G)
There must be a provision for garbage and trash collection and disposal.
(c)
Portable buildings:
(1)
The home or building must be located in such a manner as to have access to public right-of-way within two hundred (200) feet;
(2)
Portable buildings, if approved for occupancy must have an approved water distribution and sewage disposal system available for its use;
(3)
There must be a provision for garbage and trash collection and disposal.
(d)
Bars, cocktail, lounges, taverns, cantina, saloons, dance hall, discotheques, discos, nightclubs or social event centers:
(1)
The property line of the lot of any of the above-mentioned businesses, especially those businesses having late hours (after 10:00 p.m.), must be at a minimum three hundred (300) feet from the nearest residence, church, school or publicly owned property, or must provide sufficient buffering and sound insulation of the building such that the business is not visible and cannot be heard from the residential area, and must be designed to prevent disruption of the character of adjacent residential areas;
(2)
The business must be as close as possible to a major arterial, and shall not allow the traffic it generates onto residential streets, or allow it to exit into and disrupt residential areas;
(3)
The businesses must provide parking in accordance with the City off-street parking regulations as a minimum, and make provisions to prevent use of adjacent streets for parking, especially those in adjacent residential areas, by providing additional on-site parking;
(4)
The businesses must do everything possible to prevent the unauthorized parking of its patrons on adjacent business or residential properties including, when necessary, the installation of fences and hedges, and the reorientation of entrances;
(5)
The businesses should do everything possible and be designed to discourage criminal activities and vandalism, both on site and on adjacent properties. Included would be provision of sufficient lighting and perimeter fencing, elimination of dark areas, and the orientation of the building such that it provides maximum visibility of as much as possible of the site from a public street;
(6)
The businesses must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties; and
(7)
The businesses shall restrict the number of persons within the building to those allowed by the Planning and Zoning Commission at the time of permit issuance, after having taken into account the recommendations of the fire marshal, chief building official and director of planning. This number cannot exceed the number provided for in existing City regulations.
(e)
Guesthouses or maids:
Applicable conditions including but not limited to:
(1)
Only one allowed per lot;
(2)
Must meet setback requirements;
(3)
Must be on same utilities as primary residence on lot;
(4)
Lot must be a minimum of eight thousand (8,000) square feet;
(5)
There can be no separate driveway or garage for the guesthouse;
(6)
It must not be rented out; and
(7)
If money is ever paid for rent or share of utilities, etc., permit will be revoked.
(f)
Parking facilities for nonresidential uses -
Applicable conditions including but not limited to:
(g)
[Reserved.]
(h)
Day-care facilities -
Applicable requirements including but not limited to:
(1)
Must meet requirements of the Texas Department of Human Resources;
(2)
Must have fenced-in area for outside play of children;
(3)
Must have off-street, paved area adjacent to street for pickup and delivery of children;
(4)
Area used for day-care facilities should be clearly secondary to residential use of structure;
(5)
Person who applies for permit must reside at location for which permit is applied;
(6)
There shall be no more than two (2) day-care facilities within six hundred (600) feet of each other as measured over the shortest distance of street right-of-way between the facilities;
(7)
No more than one day-care facility shall be permitted on a dead-end street or cul-de-sac. That day-care facility shall care for no more children than are permitted in a registered family home by the state department of human resources;
(8)
No day-care facilities shall be permitted on a half-street or on a street which has a half-street as a means of access;
(9)
Day-care facilities which care for more than twelve children shall not be permitted in an R-l district;
(10)
No signs are permitted. A one-square-foot nameplate bearing the person’s name and occupation may be displayed if attached flat against the wall of the residence;
(11)
No more than one additional employee that does not reside on the premises is permitted; and
(12)
If the person operating the day-care facility is not the owner of the property, then the application must be signed by the owner or a letter of authorization from the owner must be submitted.
(13)
Subject property must be fronting an improved street meeting the City’s minimum requirements.
(i)
Portable and/or temporary food concession or snow cone stands -
Applicable conditions for portable and/or temporary food concession stands shall include but are not limited to:
(1)
Cannot be located in a residentially zoned area;
(2)
Stand must be inspected by the building inspections department and meet applicable building and fire codes;
(3)
Must have paved off-street parking available over and above what is required for the business to which it is adjacent;
(4)
If it is a portable building or trailer it must be anchored to the ground properly;
(5)
Must meet setback requirements of zoning district in which it is located; and
(6)
Water and sewage disposal facilities must be available and may be required;
(7)
Health Department permit.
(j)
Amusement parks, circus or carnival grounds, commercial, recreational or amusement developments, or tents or other structures -
Applicable conditions include but are not limited to: May not be located within three hundred (300) feet of any residentially used property.
(k)
Existing railroads and private utilities, including a telephone service -
May continue to be operated and maintained in residential and commercial districts but not new railroad or utility structure other than the usual poles, wires and underground utilities shall be established in such district without a special use permit.
(l)
No form of pollution shall emanate beyond the immediate property line of the permitted use.
(m)
The Planning and Zoning Commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this section and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to:
(Ordinance 15-10 adopted 8/11/15)
§ 1.00 LOCATION PERMIT REQUIRED.
A planned unit development may be located in any district upon the granting of a permit in accordance with the provisions of this Chapter 2.
(Ordinance 15-10 adopted 8/11/15)
§ 2.00 MINIMUM SITE AREA.
The minimum site area for a planned unit development shall be five (5) acres.
(Ordinance 15-10 adopted 8/11/15)
§ 3.00 PERMIT PROCEDURE FOR PUD.
The regulations prescribed shall regulate the procedure for making application for a permit for a planned unit development, the public hearing, the staff investigation and technical report, the action by the Planning and Zoning Commission, the Planning Director, the appeal to or review by the City Commission, and the lapse or revocation of a permit, and shall regulate new applications and permits to run with the land, subject to the following prerequisites.
(Ordinance 15-10 adopted 8/11/15)
§ 4.00 PRELIMINARY AND FINAL DEVELOPMENT PLANS.
The following requirements and procedures shall be observed in the preparation and filing of the preliminary and final development plans:
(a)
Proof of ownership or control.
Before a preliminary development plan shall be approved for any improvement in any district, the owner(s) of:
(1)
all the land included in said area of all structures existing thereon, and
(2)
all encumbrances of both said land area and structures shall present sufficient evidence to establish that the applicants are in fact all the owners or have control of all outstanding interests of the land and structure thereon.
(c)
Preliminary development plan, tabulation of average population density:
The application shall be accompanied by a preliminary development plan of the entire planned unit development, drawn at a scale of one hundred (100) feet to one inch, and showing the following: tabulation of the average population density per net acre and per gross acre in the area or areas proposed to be devoted to residential use.
(Ordinance 15-10 adopted 8/11/15)
§ 5.00 FILING FEE.
The preliminary development plan shall be accompanied by:
(a)
Application on a form prescribed for this purpose by the City; and
(b)
Payment of a fee, in the amount of one thousand dollars ($1,000.00).
Upon, but not before, the approval, registration and recording of the development plan as set forth, the applicant(s) for said plan shall be entitled to apply for such permits and certificates as are necessary to proceed with the accomplishment of the plan. |
(Ordinance 15-10 adopted 8/11/15)
§ 6.00 GRANTING OF PERMIT.
The Planning and Zoning Commission may grant a permit for a planned unit development, if, on the basis of the application and the evidence submitted, the Planning and Zoning Commission makes the following findings:
(b)
That the standards of the following:
(1)
population density;
(2)
site area and dimensions;
(3)
site coverage;
(4)
yard spaces;
(5)
heights of structures;
(6)
distances between structures;
(7)
usable open space,
(8)
off-street parking; and
(9)
off-street loading facilities - will be that the development will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities;
(c)
That the combination of different dwelling types and/or the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.
(Ordinance 15-10 adopted 8/11/15)
§ 7.00 REVERSAL OR MODIFICATION OF DECISION.
§ 8.00 CONTENTS OF FINAL DEVELOPMENT PLAN.
The Final Development Plan shall be certified by the applicant and shall show the following additional existing and proposed items drawn to scale:
(a)
The title page of each application and set of plans shall be signed by the applicant’s architect, planner, landscape architect, engineer and/or land surveyor. In addition to the signatures or the engineer and planner, the applicant’s submittal shall contain the signatures of at least two (2) professionals involved in the design and construction of the environment;
(b)
The boundaries of the area covered by the plan, all public and private rights-of-way and easements bounding and/or intersecting the district(s) which are proposed to be continued, created, relocated and/or abandoned;
(c)
The proposed finished grade of area, shown to contour intervals of not more than two (2) feet;
(d)
A description of the proposed lot(s) and the boundaries thereof;
(e)
The location of each existing and each proposed structure in the development, the use or uses to be contained therein, the number of stories, the gross floor area, and the location of entrances and loading points;
(f)
All curb cuts, driving lanes, parking areas, loading areas, public transportation areas, and illumination facilities for same;
(g)
All pedestrian walks, malls, and open areas for use by tenants or visitors;
(h)
The location and height of each wall, fence and screen planting;
(i)
The location, size, height, and orientation of each sign other than signs that are flat on building facades and that do not directly face property in a residential district;
(j)
The types of surfacing, such as paving, turfing, or gravel to be used at the various locations;
(k)
The location, types, and sizes of proposed drainage facilities;
(l)
The location of fire hydrants; and
(m)
The location of water and sewage facilities.
(Ordinance 15-10 adopted 8/11/15)
§ 9.00 PRELIMINARY DEVELOPMENT PLAN REVIEW.
Each development plan shall be submitted to the Planning Director and shall be reviewed in accordance with the following schedules:
(a)
The applicant shall file with the planning director a reasonable number of copies (not less than six (6)) of his development plans as required;
(b)
In the review of a preliminary development plan by the Planning Director, the Planning Director shall recommend to the Planning and Zoning Commission whether the said preliminary plan shall be approved subject to compliance with modifications or conditions;
(c)
After approval of the preliminary plan, the applicant may combine his preliminary development plan and final development plan so as to make them one and the same. The applicant shall indicate on said plan all data required of the preliminary and final development plan procedures.
(Ordinance 15-10 adopted 8/11/15)
§ 10.00 PHASE DEVELOPMENT OF PUD DISTRICT.
The preliminary and final development plans shall be divided into sections of proposed development so that in the event of failure to commence timely and bona fide construction in any section of an approved final development plan, there will be:
(a)
Definitely established lines showing the reduced PUD district after the rezoning of the unused portion of the site area;
(b)
Minimum of damage to the unused portion of the site from the standpoint of its suitability for use following rezoning.
(Ordinance 15-10 adopted 8/11/15)
§ 11.00 RECORDING.
After completing its review of a development plan, the Planning and Zoning Commission shall return such plan and all pertinent data, together with a written list of recommendations to the building official. All approved development plans shall be registered and recorded as set forth:
(a)
Upon approval of the preliminary development plan, the applicant shall record one of the approved plans with the building official. Before recording said plan, said plan shall be reviewed for compliance with any modifications or conditions of the approving agent, dated, and approved for recording by the planning director and building official.
(b)
The planning director shall enter the date of receipt on each copy of the plan and shall within fourteen (14) days thereof review the plan for compliance with the preliminary development plan and subsections above. If such plan is found to be complete, it shall be transmitted with his comments and recommendations to the Planning and Zoning Commission for further review, comment and action. No final development plan hereunder shall be approved unless it is in full compliance with the approved preliminary development plan. The action of the Planning and Zoning Commission shall be completed and due notice thereof, including a written statement of the reasons for disapproval or required modifications thereto, given to the applicant within ten (10) days of such decision by the Planning and Zoning Commission.
(c)
Failure of the Planning and Zoning Commission to act within the time limits established herein shall not be construed as approval or disapproval of such plan.
(Ordinance 15-10 adopted 8/11/15)
§ 12.00 PUD DEVELOPMENT GUIDELINES.
All development plans shall make due provisions for:
(a)
Adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwaters and prevent erosion, minimize flooding and formation of dust;
(b)
Adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading spaces, and facilities for waste disposal and illumination;
(c)
Adequate and proper locations of pedestrian walks, malls and public transportation loading places from general vehicular circulation facilities;
(d)
Arrangement of building and vehicular circulation open spaces so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic;
(e)
Proper arrangement of sign and lighting device with respect to traffic-control devices and adjacent residential districts;
(f)
Fences, walls, or yearround screen planting where necessary to shield adjacent residential districts from parking illumination, headlights, fumes, heat, blowing papers and dust, and to increase the visual privacy and residential neighborhood character;
(g)
The average dwelling unit’s density per net acre in that portion of a planned unit devoted to residential use can exceed the net dwelling unit density proposed in the approved general plan providing the gross density of the entire PUD does not exceed the gross average density of the planning area in which it is located. In calculating population density per net acre, all streets shall be excluded.
(Ordinance 15-10 adopted 8/11/15)
§ 13.00 EFFECTS OF RECORDING DEVELOPMENT PLAN.
All final development plans registered and recorded shall be binding upon the applicant. Their successors and assignees shall limit and control the issuance and validity of all permits and shall restrict and limit the construction, location, use, and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans.
(Ordinance 15-10 adopted 8/11/15)
§ 14.00 AMENDMENTS AND APPEALS.
Development and site plans which are disapproved may be filed with the reviewing agents who disapproved the plan and an amendment to such plan. The amended plan shall be limited exclusively to changes made necessary to accomplish compliance and the grounds for disapproval stated by the reviewing agent. The amendment or amended plan shall be reviewed in accordance with the same time limits and procedures as provided for original submission.
(Ordinance 15-10 adopted 8/11/15)
§ 15.00 COORDINATION WITH SUBDIVISION REGULATIONS.
(a)
The plans must be submitted in a form which satisfies the requirements of the subdivision regulations for the preliminary and final plans.
(Ordinance 15-10 adopted 8/11/15)
§ 16.00 AMENDMENT OF ZONING MAP.
Upon final approval of the PUD, the Planning Director shall mark the official zoning map accordingly.
(Ordinance 15-10 adopted 8/11/15)
§ 17.00 PROCEDURE FOR ZONING CHANGES.
(Reserved)
§ 18.00 BEFORE THE PLANNING AND ZONING COMMISSION.
(a)
Filing.
All petitions, applications, recommendations, or proposals for changes in the zoning district classification of property or in the textual provision of this Code shall be filed with the Planning and Zoning Commission.
(c)
Prerequisites.
(1)
No application for the rezoning of any property situated within the City shall be received, filed with the Zoning Commission, or considered, unless -
(A)
the person(s) making such application have permission in writing; and
(B)
signed by the owner(s) of record of the property proposed to be considered for rezoning for the filing of such an application.
Such written permission must accompany any such application for rezoning. |
The above notwithstanding, the City may initiate zoning change proceedings on any property within the City at any time. |
(2)
No application for the zoning of any lot(s) or block of land situated in the City shall be received or filed with the Planning and Zoning Commission and no hearing had, if within six (6) months prior an application was received, filed and withdrawn before a full, fair and complete and final hearing was held on the rezoning of such lot, lots or block of land before the Planning and Zoning Commission.
(d)
Exemptions:
If new relevant and substantial evidence, which could not have been secured at the time is produced by the applicant, under a sworn affidavit to that effect; then in that event, the Planning and Zoning Commission shall have the right to hear and consider such application.
(e)
It is further provided that no application for the rezoning of any lot(s) or block of land situated in the City shall be received or filed with the Planning and Zoning Commission of the City and no hearing had thereon, if within one (1) year prior thereto the City Commission, after consideration and hearing, has denied an application for rezoning of the same property.
(f)
Recommendations.
A public hearing shall be held on all proposed changes before submitting its recommendation to the City Commission.
(g)
Public hearings.
The Director of Planning shall provide notice of all public hearings on proposed changes in zoning classification to the owners of real property lying within two hundred (200) feet of the property for which the change in classification is proposed. Such notice shall be served by depositing the notice, properly addressed and postage paid, in a City post office not less than ten (10) days prior to the scheduled date of the public hearing to all owners who have rendered their property for City taxes on the last approved City tax roll. Notice of such hearings shall also be published at least ten (10) days in advance of the hearing in an official newspaper or a newspaper of general circulation in San Juan, Texas.
(h)
Postponement of hearing.
Should an applicant request that a zoning hearing be postponed after notice thereof has been given, the hearing will not be rescheduled until the applicant pays the postponement request fee. The fee schedule may be amended from time to time.
(Ordinance 15-10 adopted 8/11/15)
§ 19.00 CITY COMMISSION CONSIDERATION.
(a)
Public hearing.
After the final recommendation of the Planning and Zoning Commission is submitted to the City Commission as provided in subsection (a) above section 18.00 the Commission shall consider a zoning change after a public hearing at which parties in interest and citizens shall have an opportunity to be heard.
(b)
Publication.
Before the fifteenth (15th) day prior to the date of the hearing, notice of the time and place of the hearing shall be published in an official newspaper or a newspaper of general circulation in the City.
(c)
Passage when protested.
An affirmative vote of at least three-fourths of all members of the City Commission is required to approve a proposed change to a regulation or boundary if the change is protested. The protest must be written and signed by the owners of at least twenty (20) percent of the area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet.
(d)
Computing the Percentage.
In computing the percentage of land area, the area of streets and alleys shall be included in the computation to the middle of the street or alley.
(Ordinance 15-10 adopted 8/11/15)
§ 20.00 CHIEF BUILDING OFFICIAL AND PLANNING DIRECTOR.
The Chief Building Official and Planning Director shall enforce the provisions of this Chapter.
(Ordinance 15-10 adopted 8/11/15)
§ 21.00 RIGHT TO ENTER.
The Chief Building Official, Planning Director or any duly authorized person shall have the right to enter upon any premises at any reasonable time prior to the completion of the buildings for the purpose of making inspections of buildings or premises necessary to carry out their duties in the enforcement of this Chapter.
(Ordinance 15-10 adopted 8/11/15)
§ 22.00 STOP-WORK ORDERS.
If any building work is being constructed contrary to the provisions of this chapter, the Chief Building Official may order the work stopped by notice in writing served on the owner or contractor causing such work to be done, and such person shall immediately stop such work until authorized by the Chief Building Official to proceed with work.
(Ordinance 15-10 adopted 8/11/15)
§ 23.00 PLANS.
(a)
All applications for building permits shall include the following:
(1)
accompanied by accurate site plans drawn to scale;
(2)
be submitted in duplicate;
(3)
be drawn to scale showing the actual shape and dimensions of the lot to be built upon;
(4)
include all setback lines within which the proposed building and structure shall be erected or altered;
(5)
include the exact sizes and locations on the lot of the buildings and accessory buildings then existing and the lines within which the proposed building and structure shall be erected or altered;
(6)
include the existing and intended use of each building or part of building;
(7)
contain plans for compliance with drainage, landscaping, garbage disposal location, the off-street parking requirements of all structures;
(8)
list the number of families or housekeeping units the building is designed to accommodate;
(9)
and such other information with regard to the lot and neighboring lots as necessary to provide for the enforcement of this Code. One copy of such site plans will be returned to the owner when such site plans drawn to scale have been approved.
(b)
Inspection Period.
An inspection period of as much as one week shall be allowed for inspection of plans before a permit shall be issued.
(Ordinance 15-10 adopted 8/11/15)
§ 23.01 APPLICATION REQUIREMENTS.
§ 24.00 EXISTING PERMITS AND PRIVATE AGREEMENTS.
§ 25.00 PRESERVING RIGHTS IN PENDING LITIGATION.
No presently illegal use shall be deemed to have been legalized unless such use falls within a District where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be.
(Ordinance 15-10 adopted 8/11/15)
§ 26.00 COMPLETION OF EXISTING BUILDING.
Nothing in these regulations nor in any amendments which change district boundaries shall prelude use of a building which shall be completed in its entirety within two (2) years from the date of the passage of this Code, provided:
(a)
such building either was actually under construction at the time the passage of this Code; or
(b)
was authorized by building permit before the passage of this Code, and further provided construction shall have begun within ninety (90) days from passage of this Code.
Commitments with reference to construction of public utility buildings necessary for proposed expansion of the City made prior to the passage of this Code shall be observed. |
(Ordinance 15-10 adopted 8/11/15)
§ 27.00 UNPLATTED PROPERTY.
No plat(s) or subdivision(s) within the City shall be approved until the area covered by the proposed plat has been permanently zoned by the City Commission of the City.
(Ordinance 15-10 adopted 8/11/15)
§ 28.00 PROPOSED ANNEXATION.
In the event the Planning and Zoning Commission holds a hearing on proposed annexation, it may, at its discretion, hold a joint hearing upon the permanent zoning that is proposed to be given to the area or tract to be annexed, and make recommendation on both matters to the City Commission, so that the City Commission can, if it desires, act on the matter of permanent zoning and annexation at the same time.
(Ordinance 15-10 adopted 8/11/15)
§ 29.00 ZONING ANNEXED AREAS.
All territory hereafter annexed to the City shall be, by virtue of such annexation, temporarily and automatically classified as “R-S” only until permanently zoned by the City Commission of the City. The Planning and Zoning Commission shall recommend to the City Commission a permanent zoning. The procedure is the same as provided by law for the adoption of original zoning regulations.
(Ordinance 15-10 adopted 8/11/15)
§ 1.00 ORGANIZATION AND CREATION.
(a)
A Zoning Board of Adjustment (the “Board”) is hereby created.
The Board shall consist of five regular members and four alternate members who shall be appointed by the City Commission, for a term of two years. Members may be removed for cause by the City Commission upon written charges and after public hearing. Said four alternate members shall serve in the absence of one or more regular members when requested to do so by the Mayor or City Manager. All cases heard by the Board will always be heard by a minimum numbers of four members.
(b)
Vacancies.
The City Commission shall fill vacancies for the unexpired term of any member by appointment.
(c)
Quorum.
A quorum shall consist of four members of the Board.
(Ordinance 15-10 adopted 8/11/15)
§ 2.00 PROCEDURE AND APPEALS.
The procedure before the Board shall be governed by the Texas Local Government Code sections 211.008–211.011.
The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass, or to effect any variation.
(Ordinance 15-10 adopted 8/11/15)
§ 2.01 POWERS OF THE ZONING BOARD OF ADJUSTMENT.
The Board shall have the following powers and duties:
(a)
To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the Chief Building Official or the Director of Planning in the enforcement of this Chapter;
(b)
In hearing and deciding appeals the Board shall have the power to grant an exception in the following instances:
(1)
Permit the extension of a district where the boundary line of a district divides a lot or tract held in a single ownership;
(2)
Interpret this Chapter in such a way as to carry out the intent and purpose of this Chapter, as shown upon the maps fixing the several districts, accompanying and made a part of this Chapter, where the street layout actually on the ground varies from the street layout as shown on the maps;
(3)
Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than fifty (50) percent of its fair market value;
(4)
Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with granting an advantage or a convenience;
(5)
Permit land within three hundred (300) feet of a multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling, but only when there is positive assurance that such land will he used for such purpose during the existence of the multiple dwelling;
(6)
To determine whether an industry should be permitted within the “C” Commercial District and the “I” Industrial District because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts;
(7)
If no structural alterations are made, any nonconforming use of structure, or structure and premises in combination, may, as a special exception, be changed to another nonconforming use, provided the Board shall find that the proposed nonconforming use is not more nonconforming in the district as the previously existing nonconforming use;
(8)
In permitting such exceptions, the Board may require any conditions and safeguards as it shall deem appropriate to see that the purpose and intent of this Code is met, and the violation of any such conditions or safeguards shall constitute a violation of this Chapter.
(Ordinance 15-10 adopted 8/11/15)
§ 2.02 THE BOARD SHALL HAVE THE AUTHORITY TO GRANT THE FOLLOWING VARIATIONS.
(a)
Permit a variation in the yard requirement of any District where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of lot, topographical of other conditions, provided such variations will not seriously affect any adjoining property or the general welfare.
(b)
Authorize upon appeal, whenever a property owner can show that a strict application of terms of this Chapter relating to the use, construction or alterations of buildings or structures on the use of land will impose upon him unusual and practical difficulties or particular hardship. The Board must be satisfied that a granting of such variation will not merely serve as a convenience to the applicant but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the comprehensive plan while protecting the surrounding property.
(c)
In considering all appeals and all proposed exceptions or variations to this Chapter the Board shall first determine that:
(1)
it will not impair an adequate supply of light and air to adjacent property; or
(2)
unreasonably increase the congestion in public streets; or
(3)
increase the danger of fire or endanger the public safety; or
(4)
unreasonably diminish or impair established property values within the surrounding area; or
(5)
in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the City.
(d)
To determine hardship, the Board shall determine:
(1)
That the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone.
(2)
That the plight of the owner is unique and not shared in general by others in the neighborhood also as a result of this Chapter and thus perhaps require rezoning; and
(3)
That the use to be authorized by the variance will not alter the essential character of the locality.
(Ordinance 15-10 adopted 8/11/15)
§ 2.03 FEE.
A fee as determined by the City Commission shall be paid to the City of San Juan at the time the notice of appeal is filed.
(Ordinance 15-10 adopted 8/11/15)
§ 2.04 IN EXERCISING THE ABOVE-MENTIONED POWERS, THE ZONING BOARD OF ADJUSTMENT MAY.
(a)
Reverse;
(b)
Affirm, wholly or partly; or
(c)
Modify -
the order, requirements, decision or determination appealed from and make such order, requirements, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. |
(Ordinance 15-10 adopted 8/11/15)
§ 2.05 VOTING REQUIREMENTS.
The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter or to effect any variation in such chapter.
(Ordinance 15-10 adopted 8/11/15)
§ 2.06 ADMINISTRATIVE COSTS.
The Board, with the concurrence and approval of the City Commission, shall determine and set forth a fee schedule for the purpose of recovering the administrative costs of processing requests and the public hearings. Such fee shall be paid by the applicant and shall not be designed for restricting an applicant’s ability to seek a hearing and/or to generate revenue for other than recovery of actual administrative cost incurred by the City.
(Ordinance 15-10 adopted 8/11/15)
§ 1.00 GENERAL POLICY.
The City Commission may from time to time amend, supplement or change the boundaries of the districts or the regulations established.
(Ordinance 15-10 adopted 8/11/15)
§ 1.02 AMENDMENT PROCEDURES GENERALLY.
Before taking action on any proposed amendment, supplement or change:
(a)
The proposed revision shall be submitted to the Planning and Zoning Commission for its recommendation and report.
(b)
The Planning and Zoning Commission shall review a preliminary report and hold public hearings before submitting its final recommendation.
(c)
Written notice of all public hearings on proposed changes in classifications shall be sent to:
(1)
Owner(s) rendering the property for City’s taxes;
(2)
Owner(s) affected by such proposed changes of classifications;
(3)
Owner(s) of property for City taxes, located within two hundred (200) feet of any property affected thereby within not less than ten (10) days before any such hearing held. Such notice may be served by U.S. Mail, properly addressed and postage paid based on the latest certified tax roll.
(Ordinance 15-10 adopted 8/11/15)
§ 1.03 ANNEXATION.
Where property lying within two hundred (200) feet of the property proposed to be zoned or rezoned is located in territory which was annexed to the City after the final date of making the renditions which are included on the last approved City tax roll, notice to such owners shall be given by publication.
(Ordinance 15-10 adopted 8/11/15)
§ 1.04 PUBLIC HEARINGS.
After receipt of the final recommendation from the Planning and Zoning Commission, a public hearing shall be held by the City Commission before adopting any proposed amendment, supplement or change.
(Ordinance 15-10 adopted 8/11/15)
§ 1.05 NOTICE.
Notice of such hearing shall be given by publication one time in a newspaper of general circulation in the City of San Juan, Texas stating the time and place of such hearing, which time shall not be less than fifteen days nor more than 20 days from the date of publication.
(Ordinance 15-10 adopted 8/11/15)
§ 1.06 RULINGS.
In all cases where the City Commission deems it feasible and practical so to do, public hearings to be held before the Planning and Zoning Commission and the City Commission, respectively, [or] may be held jointly before said Commissions, after published notice, provided that the City Commission shall not take final action until it has received the final recommendation of the Planning and Zoning Commission.
(Ordinance 15-10 adopted 8/11/15)
§ 1.07 VOTING PROCEDURES.
Unless such proposed amendment, supplement or change has been approved by the Planning and Zoning Commission, such amendment, supplement or change shall not become effective except by concurrence of four members of the City Commission at each reading of the regulation incorporating such proposed amendment, supplement or change and no vote shall be taken unless the full membership of the City Commission is present.
(Ordinance 15-10 adopted 8/11/15)
§ 1.08 PROTESTS AND RECOMMENDATIONS FOR DENIAL.
(a)
In case of a written protest against any change in zoning, signed by the owners of 20 percent or more either of the area immediately adjoining of the lots or land included in such proposed change such amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Commission.
(b)
A vote of three-fourths of all of the members of the City Commission is required to overrule a recommendation of the Planning and Zoning Commission that the proposed amendment, supplement or change to be denied.
(Ordinance 15-10 adopted 8/11/15)
§ 1.09 FILING FEE.
No notices of any application for change of zoning district boundaries or for any change in zoning regulation or classifications shall be issued and no hearings shall be had before either the Planning and Zoning Commission or the City Commission until a filing fee accompanying such application is paid.
(Ordinance 15-10 adopted 8/11/15)
§ 1.10 LIMITATION ON RESUBMISSION OF PETITION.
No amendment, supplement, change or repeal of any section of this Chapter which has been legally rejected by the City Commission shall be again considered either by the City Commission or the Planning and Zoning Commission on an appeal or petition by an appellant or application within one year from the date of the original action.
(Ordinance 15-10 adopted 8/11/15)
§ 1.11 APPLICATION FOR ZONING CHANGE.
(a)
Applications for a zoning change shall be made on Application forms provided by the City of San Juan, Texas,
(b)
No zoning change applications shall be considered on any parcel more than once in any six-month period of time unless otherwise approved by the Planning and Zoning Commission.
(Ordinance 15-10 adopted 8/11/15)
§ 1.00 PROHIBITIONS.
(RESERVED)
§ 2.00 LIMITATIONS ON ALL LAND AND STRUCTURES.
No land shall be used or occupied, and no structures shall be designed, erected, altered, used or occupied except in conformity with all regulations established and upon performance of all conditions set forth.
(Ordinance 15-10 adopted 8/11/15)
§ 3.00 LIMITS ON SALES & RENTALS ON LAND & STRUCTURES.
No person, firm, corporation, officer, or employee (either as owner or as participating principal, agent, servant or employee of such owner) shall sell, rent or lease or offer or attempt to sell, rent or lease any land or structure upon the representation that such land or structure may be used or occupied in a manner or for a use prohibited by this Chapter.
(Ordinance 15-10 adopted 8/11/15)
§ 4.00 PROHIBITION OF MORE THAN ONE BUILDING PER LOT.
Every building shall be located on a lot except as permitted in the planned unit development district.
(Ordinance 15-10 adopted 8/11/15)
§ 5.00 R-S DISTRICT.
In the R-S district, no more than one principal building may be erected on a lot unless otherwise permitted in this Chapter.
(Ordinance 15-10 adopted 8/11/15)
§ 6.00 BUILDING PERMIT REQUIRED.
No building or structure shall be erected, added to, or structurally altered until a permit has been issued by a Building Inspector. All applications for such permits shall be in accordance with the requirements of this Chapter, and further, no building permit or certificate of occupancy shall be issued for any building where said construction, addition, or alteration or use thereof would be in violation of any of the provisions of this Chapter unless upon written order of the Zoning Board of Adjustment.
(Ordinance 15-10 adopted 8/11/15)
§ 7.00 CERTIFICATE OF OCCUPANCY.
(a)
Requirement.
All uses, including nonconforming uses, shall obtain a certificate of occupancy from the Chief Building Official.
(b)
[Reserved.]
(c)
Records.
The Chief Building Official shall maintain a record of all certificates of occupancy and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the property affected.
(Ordinance 15-10 adopted 8/11/15)
§ 8.00 ADMINISTRATIVE OFFICIAL.
The administrative official for the purposes of this Chapter shall be the City Manager and his assistants, deputies, and department heads insofar as they may be charged by the City Manager and the provisions of this Chapter with duties and responsibilities with reference thereto. Without limitation, the Directors of Planning, Public Works, and Building Inspections shall ordinarily administer and enforce the provisions or this Chapter.
(Ordinance 15-10 adopted 8/11/15)