These regulations will be known and may be cited as the Zoning
Ordinance of the City of San Benito, Texas.
(Ordinance 2252 adopted 7/1/14)
A. District
boundaries as shown on the Zoning District map usually are along streets,
highways, alleys, or property lines. Should there be a question as
to the boundaries of the district, the following shall apply.
1. Boundaries
indicated as approximately following the centerlines of streets, highways,
or alleys shall be construed to follow such centerlines.
2. Boundaries
indicated as approximately following platted lot lines shall be construed
[as] following such lot lines;
3. Boundaries
indicated as approximately following city limits shall be construed
as following such city limits;
4. Boundaries
indicated as following railroad lines shall be construed to be the
Centerline of the main tracks;
5. Boundaries
indicated as following shorelines shall be construed to follow such
shorelines, and in the event of change in the shoreline shall be construed
as moving with the actual shoreline. Boundaries indicated as approximately
following the centerlines of streams, rivers, canals, lakes, or other
bodies of water shall be construed to follow such centerlines.
6. Distances
not specifically indicated on the Official Zoning Map shall be determined
by the scale of the map.
7. Where
physical or cultural features existing on the ground are at variance
with those shown the Official Zoning Map, the Commission shall interpret
the district boundaries.
8. When
streets or alleys on the ground differ from the streets or alleys
as shown on the Zoning District Map, the Director of Planning may
apply the district designations on the map to the streets or alleys
on the ground in such a manner as to conform to the intent and purpose
of this Ordinance.
9. Whenever
any street or alley is vacated, the particular district in which the
adjacent property lies shall be automatically extended to the centerline
of any such street or alley.
(Ordinance 2252 adopted 7/1/14; Ordinance 2252-5, sec. 2, adopted 7/1/14)
For the purpose of regulating land use, all land within the
corporate limits of the City of San Benito is divided into the following
twelve (12) [sic] zoning districts as established:
A-O
|
Agriculture and Open Space
|
SF-1
|
Single-Family One
|
SF-2
|
Duplex, Residential
|
MF
|
Multi-family, Residential
|
MH
|
Mobile Home
|
OP
|
Office, Professional and Administrative
|
NS
|
Neighborhood Services
|
C-1
|
Commercial, Restricted Business
|
C-2
|
Commercial, General Retail Business
|
LI
|
Light Industry
|
HI
|
Heavy Industry
|
PDD
|
Planned Development District
|
BAR
|
Bar/Lounge/Nightclub District / C-2
|
C/P
|
Commercial/Parkland
|
A-O Agriculture and Open Space: This
district is primarily reserved for undeveloped areas which are not
zoned and unsubdivided with a minimum area of five (5) acres.
SF-1 Single-Family - One: This district
is reserved primarily for single-family residential structures but
with specific uses as indicated in the Land Use Chart.
SF-2 Duplex, Residential: This district
is reserved for two (2) family (duplex) dwellings constructed on lots
with a minimum of 6,250 square feet, but with specific uses as indicated
in the Land Use Chart. Each dwelling unit must consist of no less
than six hundred fifty (650) square feet of gross living area. (Previously
this zoning district was reserved primarily for a single-family residential
structure of no less than six hundred fifty (650) square feet of gross
living area.)
MF Multi-Family, Residential: This district
is reserved for multi-unit apartment buildings which are designed
to be occupied by three (3) or more dwelling units or apartments or
which are occupied as a home or place of residence by three or more
families living in independent dwelling units, but with specific uses
as indicated in the Land Use Chart. Each dwelling unit must consist
of no less than six hundred fifty (650) square feet of gross living
area.
MH Mobile Home: This district is reserved
exclusively for mobile homes as single-family dwellings, and with
specific additional uses as indicated in the Land Use Chart.
OP Office, Professional and Administrative: This district is reserved for professional and administrative offices,
and specific additional uses as indicated in the Land Use Chart. (Previously
this zoning district was known as a C-1 Commercial, Office, Professional
and Selected Service Businesses.)
NS Neighborhood Services: This district
is designed to serve the domestic needs of the immediate neighborhoods,
and with specific additional uses as indicated in the Land Use Chart.
(Previously this zoning district was known as C2 Commercial, Neighborhood
Services.)
C-1 Commercial, Restricted Business: This
district is reserved for financial, administrative, and business services
compatible with this area's function as the focal point of community
activity and intensive development, and with specific additional uses
as indicated in the Land Use Chart. (Previously this zoning district
was known as C-3 Commercial, Central Business District.)
C-2 Commercial, General Retail Business: This district is reserved for retail businesses and with specific
additional uses as indicted in the Land Use Chart. (Previously this
zoning district was known as C-4 Commercial, General Highway Business.)
LI Light Industry: This district is reserved
for the light manufacture, predominately from previously prepared
materials, of finished products or parts, including processing, fabrication,
assembly, treatment, packaging, incidental storage, sales, and distribution
of such products which do not emit detectable dust, odor, smoke, gas,
or fumes beyond the district boundary, and do [not] generate noise
or vibration to the adjacent properties.
HI Heavy Industry: This district is reserved
for basic processing and manufacturing of materials or products predominately
from extracted or raw materials or a use engaged in storage of, or
manufacturing processes using flammable or explosive materials, or
storage or manufacturing process that potentially involve hazardous
or commonly recognized offensive conditions not compatible with the
light industry zoning district.
PDD Planned Development District: This
district is reserved for land under unified control to be planned
and developed as a whole in a single development operation or definitely
programmed series of development operations or phases which may include
two or more classes of uses.
C/P Commercial/Parkland: That a conditional
use permit must be obtained before any development can occur in this
district. Any existing structure located presently in this district
if removed, demolished, destroyed by fire, or any type of disaster
will not be allowed to be rebuilt unless they comply with this ordinance.
(Ordinance 2252 adopted 7/1/14)
A. The
City is divided into the district zones referenced above, and as shown
on the Official Zoning Map, which, together with all explanatory information,
[is] adopted by reference and declared to be a part of this ordinance.
The Official Zoning Map shall be identified by the signature of the
Mayor, attested by the City Secretary and bearing the seal of the
City under the following words: “This is to identify that this
is the Official Zoning Map referred to in Section 1 Ordinance 2252
of the City of San Benito, Texas,” adopted on June 4, 2002.
In accordance with the provisions of this ordinance, any boundary
changes shall be entered on the Official Zoning Map promptly after
the amendment has been approved by the City Commission.
B. No boundary
changes of any nature shall be made on the Official Zoning Map except
in conformity with the procedures set forth in this ordinance. Any
unauthorized boundary change of any kind by any person or persons
shall be considered a violation of this ordinance and punishable as
provided for in Section 17 of this ordinance.
C. Regardless
of the existence of copies of the Official Zoning Map which may from
time to time be made or published, the Official Zoning Map, which
shall be located in the Office of the City Manager or Director of
Planning, shall be the final authority as to the current zoning status
of land areas, buildings, and other structures in the City.
D. In the
event that the Official Zoning Map becomes damaged, destroyed, lost
or difficult to interpret because of the nature and/or number of changes
and additions, the City Commission may, by resolution, adopt a new
Official Zoning Map, which shall supersede the prior Official Zoning
Map. The new Official Zoning Map may correct drafting or other errors
or omissions in the prior Official Zoning Map, but no other correction
shall have the effect of amending the original Official Zoning Map
or any subsequent amendment.
E. Unless
the prior Official Zoning Map has been lost or totally destroyed,
the prior map or any significant parts remaining shall be preserved,
together with all available records pertaining to its adoption or
amendment.
(Ordinance 2252 adopted 7/1/14; Ordinance 2252-5, sec. 2, adopted 7/1/14)
A. The
regulations set by this ordinance within each district shall be minimum
regulations and shall apply uniformly to each class or kind of structure
or land, except as provided herein.
B. No building,
structure, or land shall be used or occupied, and no building or structure
or part thereof shall be erected, constructed, reconstructed, moved
or structurally altered except in conformity with all of the regulations
specified for the district in which it is located.
C. No part
of a yard, or other open space, or off-street parking or loading space
required in connection with any building or use for the purpose of
complying with this ordinance, shall be included as part of a yard,
open space, or off-street parking or loading space similarly required
for any other building [or] use. Each designated use must provide
its own parking, loading, and space requirements.
D. Every
building hereafter erected or altered shall be located on a lot and
in no case shall there be more than one (1) main building on a residential
lot. There shall be no more than one (1) residential structure per
lot.
E. For
areas zoned commercial more than one main building may be permitted
for commercial use only, provided that all applicable zoning requirements
(off-street parking requirements, etc.) are met by the property owner.
A detached residential structure may not be located within the commercial
lot.
(Ordinance 2252 adopted 7/1/14)
A. Any
territory hereafter annexed to the City shall be temporary classified
as “A-O Agriculture Open Space” until permanent zoning
is established consistent with its current use or as otherwise determined
by the Planning and Zoning Commission and City Commission at the time
of annexation.
B. No person
shall erect, construct or proceed or continue with the erection, or
construction of any building or structure or add to any building or
structure or cause the same to be done in any newly annexed territory
to the City of San Benito without first applying for and obtaining
a building permit or certificate of occupancy therefor from the Building
Inspector.
C. No permit
for the construction of a building or use of land shall be issued
by the Building Inspector other than a permit which will allow the
construction of a building permitted as a use by right or with a conditional
use permit in the “A-O” District unless or until such
territory has been classified in a zoning district other than “A-O.”
(Ordinance 2252 adopted 7/1/14)