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Devine City Zoning Code

ARTICLE 13

- SPECIAL AREA REGULATIONS

Sec. 1. - Vision clearance.

(1)

On any lot on which a front yard is required by this ordinance, no wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth or structure of any kind shall be maintained in such location, within such required front yard, so as to obstruct view. Any fence, wall, hedge, shrubbery, etc., higher than a base line extending from a point 2½ feet above walk grade to a point 4½ feet above walk grade at the depth of front yard required, is hereby declared to be an obstruction to view, except single trees, having single trunks, which are pruned to a height of seven feet above walk grade.

Sec. 2. - Front yard.

(1)

No porch, enclosed or unenclosed; stoop, canopy, patio or other structure shall extend into the front yard, except that the eaves may extend four feet.

Sec. 3. - Side yard—Rear yard.

(1)

The space, in rear or side yard, shall be unobstructed, except for a porte-cochere and the ordinary projections of window sills, belt courses, eaves and other ornamental fixtures. A building and an accessory building, erected on the same lot, shall be for the area consideration or regulation considered as a single building, except that accessory building shall not cover more than 40 percent of the rear yard.

Sec. 4. - Lot area.

(1)

On any lot, separately owned and of record on the date of final passage of this ordinance, a single-family residence may be erected even though of less area than required by this ordinance.

Sec. 5. - Lot designation.

(1)

On unplatted property, only one structure and accessory building, for single- or two-family use, shall be permitted; however, permits for private housing units or projects and shopping centers may be issued in unplatted area when approved by the zoning and planning commission.

Sec. 6. - Area not to be diminished.

(1)

The lot, open space or yard area required by this ordinance for a particular building shall not be diminished and shall not be included as a part of the required lot, open space or yard area of any other building. If the lot, open space or yard area required by this ordinance for a particular building are diminished the continued existence of such building shall be deemed a violation of this ordinance.

Sec. 7. - Open carports.

Notwithstanding any other area requirement, setback requirement or other contrary provision of this zoning ordinance, an open carport, either attached or detached, may be built in any residential district not less than 15 feet from the front property line to the front of the carport. For purposes of this zoning ordinance, the term "open carport" shall not be included in the definition of the term "building."

(Ord. No. 04-15, § 1, 4-21-2015)