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Devine City Zoning Code

ARTICLE 3

- CLASS A SINGLE-FAMILY RESIDENCE DISTRICT

Sec. 1. - Use regulation.

Buildings, or land in any portion of the city, may be used for any of the uses listed under this classification; but in an "A" district, no building or land shall be used, and no building or structure shall be hereafter erected or structurally altered, which is arranged or designed to be used for other than one or more of the following uses:

(1)

One-family dwelling, excluding manufactured or mobile homes. This prohibition is prospective as of the effective date of this ordinance and shall not apply to a mobile home previously legally permitted and used or occupied as a residential dwelling within the city. Permits for such use and occupancy must be granted for the replacement of a mobile home with a manufactured home. However, the replacement of a manufactured home with another manufactured home is expressly disallowed.

(2)

School, park, library, church or playground. Provided that before the location of building or improvement site is approved by the planning and zoning commission, the owners of 66 percent of the area of all lots within 300 feet of any boundary of the building site must file with the city secretary an agreement in writing to such location, duly signed and acknowledged by said owners; and further provided that the building site is of sufficient area and proper size to include adequate off-street parking facilities to accommodate one motor car parking space for every five seats of the proposed building or improvement.

(3)

Accessory building. Including a private garage and servants' quarters, when located not less than 80 feet from the front line, nor less than five feet from any other street line, nor less than three feet from either side line.

(4)

Incidental uses. Uses, customarily incident to any of the following uses, when situated in the same dwelling and not involving the conduct of a business, including customary home occupations, when engaged in by the occupants of the dwelling, such as dressmaking, the office of a physician, surgeon, a dentist, musician or artist, when used as his or her private dwelling. Said incidental use, however, shall never be permitted as principal use, but only as a secondary use, when indispensably necessary to the enjoyment of the premises for any of the uses permitted by this section and actually made of the premises, but not otherwise.

(5)

Signs. No window displays, no name plate, exceeding one square foot in area; no temporary bulletin board or sign board exceeding 12 square feet in area appertaining to the lease, hire or sale, or construction of a building or premises; no display advertising sign, ground or elevated; nor advertising sign of any other character shall be permitted in any "A" district, except churches, whose signs shall not exceed 18 square feet in area and be located in front yard behind the building line.

(6)

Temporary buildings. When they are to be used only for construction purposes or field office for the sale of the real estate of the immediate addition; such temporary construction buildings must be removed immediately upon completion or abandonment of construction, and the field office must be removed immediately upon request of the city inspector.

(Ord. No. 6-96, § 4, 6-18-1996)

Sec. 2. - Height regulation.

No building shall exceed 45 feet or 2½ stories.

Sec. 3. - Area regulations.

(1)

Front yard.

(a)

There shall be a front yard having a depth of not less than 40 feet from the property line to the front of the building, covered porch, covered terrace or attached accessory building.

If a building line has been established by ordinance or by two or more buildings for a distance of a block on the same side of a street, this line shall establish the minimum depth of the front yard.

(b)

If lots have a double frontage running through from one street to another, the requirement of front yard shall apply on both streets.

(2)

Side yard.

(a)

There shall be a side yard on each side of the lot, and the minimum width of such side yard shall be five feet on each side, except that the side yard, adjacent to a side street, shall not be less than 15 feet wide.

(3)

Rear yard.

(a)

There shall be a rear yard having a depth of not less than 20 percent of the average depth of the lot.

(4)

Area of lot.

(a)

The minimum building plot area shall contain 9,000 square feet. However, a lot having an area less than hereinabove required and that was on an approved plot and recorded prior to January 13, 1959, may be used for any use permitted in this section.

(b)

The minimum building plot area for any lot within the city for the placement of a mobile home on any such lot shall be 7,500 square feet rather than 9,000 square feet.

(5)

Width of lot.

(a)

The minimum width of a building plot shall be 60 feet.

(6)

Depth of lot.

(a)

The minimum depth of lot shall be as set out, or may be set out, by the city planning and zoning commission of the City of Devine for an area in which the lot is located.

(7)

Parking space.

(a)

Parking space shall be provided on the lot to accommodate two motor cars for each dwelling unit. A driveway may be used as a parking space.

(8)

[Minimum requirements.] No house shall be constructed containing less than 750 square feet exclusive of porches and garages.

(Ord. No. 6-85, 6-11-1985)