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Del Rio City Zoning Code

ARTICLE XIV

HEIGHT LIMITS; YARDS

Sec. 30-211.- Maximum height limits varied.

The height limits set forth in the district regulations may be varied.

(a)

Except in the C-2-B and I Districts, if a public building, church, temple, hospital, institution or school is set back an additional foot over the required minimum, it may be increased in height two (2) feet over the height limit of the district in which located, up to a limit of seventy (70) feet total height.

(b)

Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, electric and telephone lines and poles, grain elevators or necessary mechanical appurtenances, are exempt from height regulations.

(c)

Storage buildings are exempt from the story limitations, but not the "number of feet" limitations.

(d)

Those parts of existing buildings that violate height regulations may be repaired and remodeled, but may not be reconstructed or structurally altered.

(Code 1962, § 11-13-1)

Sec. 30-212. - Yards.

(a)

These general rules for yards must also be observed:

(1)

On lots fronting on two (2) nonintersecting streets, a front yard must be provided on both streets.

(2)

On corner lots in the R Districts, there shall be a yard along the side-street side of such tract of at least ten (10) feet, except the buildable width of a corner lot shall never be less than thirty (30) feet. On corner lots in the C-1 District, there shall be a yard along the side-street side of such tract of at least five (5) feet. In an R District, where the rear yard of a corner lot abuts on the side yard of an adjacent lot, such corner lot shall provide a side yard along the side-street side of such tract which is equal in width to the depth required for the front yard of such adjacent lot. In those instances where the area adjacent to the rear yard of a corner lot in an R District has not been developed or the preliminary plat for such area has not been approved, such corner lot shall provide a side yard along the side-street side of at least twenty-five (25) feet, except that the city planning and zoning commission may, in the exercise of its discretion, permit such side yard to be only fifteen (15) feet in width. In no event shall the buildable width of a corner lot be less than thirty (30) feet.

(3)

On corner lots in the C Districts that rear upon an R District, a ten-foot yard must be provided along the side-street side.

(4)

Where a block frontage is divided among districts with different front yard requirements, the deepest front yard as required by this chapter shall apply to the entire frontage.

(5)

Those parts of existing buildings that violate yard regulations may be repaired and remodeled, but not reconstructed or structurally altered, except as provided in Article VI of Chapter 7 of this Code.

(6)

Required front yards shall be used only for landscaping, walkways and driveways necessary for access to the parking areas. In the C Districts, signs and light standards may be located in required front yards. No other structures are permitted.

(b)

The following exceptions may be made in yard regulations:

(1)

Where, on the effective date of this chapter, forty (40) per cent or more of a block frontage was occupied by two (2) or more buildings, then the front yard is established in the following manner:

a.

Where the building farthest from the street provides a front yard not more than ten (10) feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then existing front yards.

b.

Where this a. is not the case and a lot is within one hundred (100) feet of a building on each side, then the front yard is a line drawn from the closest front corners of these two (2) adjacent buildings.

c.

Where neither a. nor b. is the case and the lot is within one hundred (100) feet of the existing building on one side only, then the front yard is the same as that of the existing adjacent building.

d.

In no event shall a front yard in excess of thirty-five (35) feet be required.

(2)

Sills, belt courses, cornices and ornamental features may project only one foot into a required yard.

(3)

Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard for a distance of not more than three and one-half (3½) feet when so placed as to not obstruct light and ventilation, may be permitted by the building inspector [building official].

(4)

Open, unenclosed porches (not glassed-in) and canopies may extend five (5) feet into a front yard.

(5)

Terraces which do not extend above the level of the ground (first) floor may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent lot line.

(Code 1962, § 11-13-2)