§ 12. Additional use, height, and area regulations and exceptions.

A.

Use regulations:

(1)

Accessory buildings. No accessory building shall be constructed upon a lot until the construction of the main use building has been actually commenced. No accessory building shall be used unless the main use building on the lot is also being used.

(2)

Railroad rights-of-way. On all existing rights-of-way of railroad companies, regardless of the zoning district in which such rights-of-way are located, railroad trackage and accessories to railroad movement may be constructed or maintained.

B.

Height regulations:

(1)

Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet additional height above the height limit otherwise provided in the district in which the building is located.

(2)

The height regulations established under each zoning category shall not be superceded by this section.

(3)

Chimneys, cooling towers, elevator bulkheads, fire towers, grain elevators, flour mills, monuments, stacks, or scenery lofts, tanks, water towers, ornamental towers and spired church steeples, radio or television towers, or necessary mechanical appurtenances, may be erected to a height in accordance with existing or hereafter adopted ordinances of the City of Eagle Pass, Texas, provided that in the absence of any such ordinance there shall be no height limitation of these structures.

C.

Area and density regulations:

(1)

In a district in which commercial or industrial buildings are built with one (1) or more stories for residential purposes above the commercial or industrial uses, no side yards will be required for the residential portions of the building, provided that the part of the building intended for residential use is not more than two (2) rooms deep from front to rear.

(2)

No yard or other open space provided about any building for the purposes of complying with the provisions of these regulations shall again be used as a yard or an open space for another building. Every part of a required yard shall be open to the sky and unobstructed by buildings except for accessory buildings in the rear yard and except the ordinary projections of skylights, sills, belt courses, cornices, and other ornamental features which may project into such yards a distance of not more than two (2) feet.

(3)

Porches, platforms, or landing places not covered by a roof or canopy may extend or project into the front yard for a distance not exceeding six (6) feet.

(4)

Terraces, platforms, and ornamental features which do not extend more than three (3) feet above the floor level of the ground (first) story may project into a required side yard, provided these projections be distant at least two (2) feet from the adjacent side lot line.

(5)

Front yard.

(a)

Where forty (40) percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed (with a variation of five (5) feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing buildings.

(b)

Where forty (40) percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have not observed a front yard as described above, then:

(i)

Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent buildings on the two sides, or

(ii)

Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

(iii)

In determining such front yard depth, buildings located entirely on the rear one-half (½) of a lot shall not be counted.

(6)

Side yards.

(a)

The minimum width of a side yard of a corner lot in the "R-1", "R-2", and "R-3" Districts shall be not less than ten (10) feet provided that if the street side line of a corner lot is in the same block frontage with a lot or lots, whose street line is a front of such lot or lots, the side yard shall extend to the average alignment of the buildings along the same side of the street, unless such buildings are more than twenty-five (25) feet back from the street line, in which case the side yard need not be more than twenty-five (25) feet.

(b)

A side yard of not less than twenty-five (25) feet on the side of the lot adjoining on an "R-1", "R-2", or "R-3" District shall be provided for all schools, libraries, churches, community houses, clubs, and other public or semi-public buildings hereafter erected or structurally altered.

(c)

Where a lot in the "B-1", "B-2", "I", or "F" Districts is not used for residential purposes and abuts upon an "R-1", "R-2", or "R-3" District, a side yard shall be provided of not less than five (5) feet.

(d)

Garages detached or attached to the main use building entering on the side street of a corner lot, shall maintain a minimum side yard of twenty (20) feet in front of the garage.

(7)

Rear yard.

(a)

In the "R-1", "R-2", or "R-3" Districts, accessory buildings shall not occupy more than thirty (30) percent of the required minimum rear yard area. Accessory buildings shall be a minimum of twelve (12) feet from the main use building. In the "R-1", "R-2", and "R-3" Districts no accessory building shall be more than one (1) story in height.

(b)

In computing the depth of a rear yard where such yard opens into an alley, one-half (½) of the width of such alley may be assumed to be a portion of the required yard.

D.

Miscellaneous regulations:

(1)

Fences.

(a)

Between residential and non-residential uses, a six (6) foot maximum height opaque fence shall be provided to buffer the residential uses from impacts from the non-residential use.

(b)

Fencing shall not be permitted in front yards in "R-1", "R-2", "R-3", "R-3A", and "R-4" Districts.

(c)

Fencing along side yards shall be six (6) foot maximum in height and opaque in nature.

(2)

Building materials.

(a)

Within the Central Business District, all buildings facades shall be constructed of materials that are compatible with the historic context of the Central Business District. These materials may include brick, stucco, architectural concrete masonry, or stone. Metal shall not be allowed as a building veneer surface except for beams, lintels, trim elements and ornamentation. Reflective glass may cover no more than forty (40) percent of any single facade.

(3)

Parkland dedication requirements for all districts shall be as contained in the Parkland Dedication Ordinance.

(4)

For all uses other than single family, duplex or townhouse uses, refuse containers shall be located in an accessible but unobtrusive location on the lot, and shall be screened with an opaque fence or wall.

E.

Yard parking regulations

(1)

Definitions.

a.

Corner lot. A property located at the intersection or confluence of two (2) or more side streets such that public street rights-of-way are directly adjacent to at least two (2) contiguous sides of the lot.

b.

Driveway. The primary improved parking surface which provides egress and ingress from a garage, carport, or off-street parking area to an adjacent street or alley.

c.

Improved parking surface. An area that is used by anyone for parking. Said area must be durably surfaced with concrete or asphalt, as set forth in the City of Eagle Pass Construction Specifications.

d.

Front yard. Front yard shall have the meaning ascribed to it in Appendix A-Zoning Ordinance, Section 3(38).

e.

Rear yard. Rear yard shall have the meaning ascribed to it in Appendix A-Zoning Ordinance, Section 3(39).

f.

Side yard. Side yard shall have the meaning ascribed to it in Appendix A-Zoning Ordinance, Section 3(40).

g.

Vehicle. A device in, or upon which any person or property is or may be transported or drawn or moved upon a street or highway, and shall include any automobile, truck, motorcycles, scooters, mopeds, and all-terrain vehicles. This definition does not include non-motorized bicycles, small engine lawn mowers, and/or antique farm equipment of a decorative nature.

(2)

Yard parking regulations: Parking on unimproved surfaces is prohibited by this ordinance. A person commits an offense if, upon any lot in any Zoning District, the person causes, permits, or allows the parking or storage of any vehicle in the front yard, side yard, and/or rear yard upon any surface other than an improved parking surface. It is presumed that the registered owner of the vehicle or the registered owner of the property is the person who parked, caused, or permitted the vehicle or equipment to be parked in violation of this article.

(3)

Certain vehicles prohibited: No boat, trailer, camper trailer, motor home, or other recreational vehicle shall be parked or stored within the required front yard building setback area. In the R-1 District, the R-2 District, the R-3 District, and the R-3(A) District, the parking or storage of such licensed vehicles is limited to the rear yard only, and is limited to a maximum of one (1) licensed pleasure boat and one (1) unoccupied licensed trailer or licensed motor home designed for recreational use not to exceed twenty-four (24) feet in length. This restriction shall not apply to the storage of a boat or other vehicle in a fully enclosed building.

(4)

Enforcement: Any person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00. Each day a violation of this article shall continue shall constitute a separate offense.

(Ord. No. 06-13, § 2, 7-11-2006; Ord. No. 2018-01, § 1, 1-2-2018)