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HomeMy WebLinkAbout1999-O-24 - Railroad Right of WayORDINANCE NO. 1999 -?4 AN ORDINANCE AMENDING SECTION XIII "ADDITIONAL USE, HEIGHT AND AREA REGULATIONS" OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE, TEXAS, TO ESTABLISH LANDSCAPE REGULATIONS IN THE CITY OF STEPHENVILLE, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: SECTION XIII, "ADDITIONAL USE, HEIGHT, AND AREA REGULATIONS" OF THE ZONING ORDINANCE OF THE CITY OF STEPHENVILLE IS HEREBY AMENDED BY ADDING SUBSECTION IV AND SHALL READ AS FOLLOWS: SECTION XIII ADDITIONAL USE HEIGHT AND AREA REGULATIONS I. USE REGULATIONS: A. 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. II. AREA AND DENSITY REGULATIONS: A. In a district in which commercial or industrial buildings are built with one or more stories for residential purposes above commercial or industrial uses, no side yards will be required for the residential portions of the building. B. 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 in the ordinary projections of skylights, sills, belt courses, com-nicer, and other ornamental features which may project into such yards a distance of not more than two (2') feet. M(BG0rd.Sept7-99 4 ri t C. Open, unenclosed porches, platforms, or landing places not covered by a roof or canopy may extend or project into the rot yard for a distance not exceeding six (6') feet. D. Terraces, uncovered porches, 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 a distant of at least two (2') feet from the adjacent side of the lot line. E. Front Yard: 1. 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 be erected closer to the street than the front yard so established by the existing buildings. 2. Where forty (40%) percent or more of the frontage on one side street between two intersecting streets is developed with buildings that have not observed a front yard as described above, then, a. 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 corners of the adjacent buildings on the two sides, or b. 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. c. In determining such front yard depth, buildings located entirely on the rear one-half (1/2) of a lot shall be counted. 3. Vision Clearance. On any comer lot on which a front or side yard is required, no wall, fence, sign or other structure, or any plant growth shall be permitted or maintained higher than two (2;) feet above the curb level within fifteen (15') feet of the intersection of the property lines. F. Side Yards: 1. The minimum width of a side yard of a comer lot in the R-1, R-2MH or R-3 Districts shall be not less than ten (10') feet provided that if the street side line 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 _ LJ not be more than twenty-five (25') feet. 402 MBGOrd.Sept.7-99 2. A side yard of not less than twenty-five (25') feet on the side of the lot adjoining on an R-1, R-2MH, 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. 3. Garage detached or attached to the main use building entering on the side street of a corner lot shall maintain a side yard of twenty (20') feet in front of the garage. G. Rear Yard: 1) In computing the depth of a rear yard half (1/2) of the width of such alley required yard. where such yard opens into an alley, one - may be assumed to be a portion of the III. GARBAGE COLLECTION AND REFUSE RECEPTICLES: ORD. AMENDED O1/03/89 O1/03/89 In the R-3, B-1, B-2, B-3, B-4, AND I Districts, there will be provided a serviceable area designated for refuse collection. These zoning districts will be provided with refuse collection by means of canisters. The designated areas shall consist of an area of forty- two (42) square feet. Each canister space to have dimensions of seven (T) feet width and six feet (6) depth. A cement slab shall be provided to facilitate placement of the canister. The canister will have a privacy enclosure on three (3) sides. IV. LANDSCAPE REGULATIONS: R-3 'Multiple Family Residential District" (five or more units), B-1 "Neighborhood Business District", B-2 "Secondary and Highway Business District ",B-3 " Central Business District'; B-4 "Private Club District" and I `Industrial District" development shall provide landscaped areas, meeting the definition of `green space" as outlined in SECTIONHI of this ordinance, in accordance with the following guidelines: LOTS= Less than 1 acre 1 acre to 10 acres 10 acres plus LANSCAPED AREA 3% of lot S% of lot 10% of lot Landscaped areas shall be permanently maintained in a healthy growing condition at all times. 403 MB00rd.Sep0-99 The property owner shall be responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other permanent maintenance of all plantings. Developed multi family (five or more units), business, and industrial lots shall meet these landscaping requirements if redevelopment and/or additions to the main use building of 50% or greater are proposed. This Ordinance shall become effective after its passage and publication as required by law. PASSED AND APPROVED this the 7th day of September, 1999. Q4�'LM� John Moser, Mayor Cindy Sta ror—dCity SecaTfy y REVIEWED Donald B. Davis, City Administrator Randy Thomas, City Attorney Approved as to form and legality 404 M/BGOcd.Sept7-99