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The height regulations established under each zoning category shall not be superceded by this section.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 be a minimum of ten (10) 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.

(c)

Detached accessory buildings shall be a minimum of five (5) feet from the rear property line.

(d)

Attached accessory buildings shall be a minimum of ten (10) feet from the rear property line.

D.

Miscellaneous regulations:

(1)

Fences.

(a)

All new subdivisions must have fencing as described in this chapter or other city ordinance.

(b)

The installation, replacement or relocation of a fence within the City of Eagle Pass requires a building permit from the city.

(c)

All fences within a residential zoning shall be constructed of brick, stone, masonry, cement, stucco, cinder block, iron or wood that has been stained, pressure treated, painted, or adequately sealed to prevent decay. Requests to upgrade to an alternative fencing material must undergo a concept plan review with the planning director and city engineer.

(d)

All new residential construction shall include fencing of the side yard areas from the primary structure to the side property line with at least one (1) access gate. On corner lots and where there is more than one (1) public right-of-way frontage, those sections abutting frontage shall also be constructed. These sections of fencing shall be installed prior to issuance of certificate of occupancy.

(e)

Fences in commercial and industrial zones must undergo a concept plan review with the planning director and city engineer. The following materials are prohibited: cast off or second hand items, plywood.

(f)

Ranch style fencing typical for maintaining livestock and for predator control (such as a field fence, hours mesh fence, split rail, and ranch board) may be used on premises of three (3) acres or more in size. In addition, barbed wire fencing may be used on premises upon which large farm animals are legally kept and maintained. Permits are not required for internal cross-sectioning of such premises for the control of animals, to enforce rotational grazing, or for the repair of ranch style fencing to the extent that it is a necessary part of normal maintenance.

(g)

Fences in any zoning district shall not exceed eight (8) feet in height measured from the finished grade. Some fence designs may require to be engineered.

(h)

Fences and gates built in the front yard setback area, where permitted, shall not exceed four (4) feet in height when constructed of wrought iron, or other semitransparent materials, with a minimum of fifty (50) percent visibility, as approved by the building official. Chain link or cyclone fencing is not an allowed material for front yard fencing. Front yard fences or walls that are more than fifty (50) percent opaque may not exceed thirty (30) inches in height.

(i)

Fences on property that are at the intersection of two (2) streets must not encroach within any visibility triangle. The "visibility triangle" shall mean a triangle sight area, at all intersections, which shall include corner lots, driveways or other access points with the public right-of-way. This visibility triangle must be kept free of fences and other screening between thirty (30) inches and seven (7) feet in height that would obstruct the motorist's views of oncoming traffic.

(j)

Fence sections essentially parallel with a public street shall have their back side (the side with the exposed posts and rails) oriented to the interior of the residential lot to minimize their exposure to the public. Exception: Posts and rails may be oriented to the exterior of the residence when concealed within construction that is consistent with and complementary to the construction of the fence. Visual depictions of construction shall be required for review of appearance prior to issuance of a permit.

(k)

In properties with double frontage, construction of fence sections along collector or arterial streets is the responsibility of the developer. Fence material and color within these sections shall be maintained by individual property owners to maintain uniformity and visible aesthetic from public right-of-way.

(l)

In properties with no double or triple frontage fence sections, construction of fences is the responsibility of the builder.

(m)

All fences constructed under the provisions of this article shall be maintained so as to comply with the requirements of this article at all times.

Fences shall be maintained in sound structural condition as a whole or completely removed, including posts.

(o)

No fence shall be erected, maintained, or permitted that is electrically charged in any manner, has barbed wire in or on it, has concertina wire in or on it, has razor wire in or on it, has in it or on it bards, projects, broken glass, or anything reasonably capable of causing harm to persons or animals except in industrial zoning districts or where allowed by this Code.

(p)

No fence may impede access to public utilities or metering devices.

(q)

Where approved, any fence built in or across utility easements shall remain the responsibility of the property owner. In the event that the fence is constructed on an easement and the fence is substantially damaged or destroyed through the exercise of the rights of the City of Eagle Pass or utility entities, the repair or replacement of the fence shall be the sole responsibility of the property owner.

(r)

Existing fences that were approved by the planning department and constructed prior to the adoption of this article with materials not currently permitted by this article may be maintained as long as no part of the fence is, or becomes unsafe, dilapidated, or a public nuisance as determined by the planning department.

(s)

Between residential and non-residential uses, a seven-feet minimum height opaque fence shall be provided to buffer the residential uses from impacts from the non-residential use. All screening fences required under this section shall be constructed of brick, stone, masonry, cement, stucco, cinder block or pressure-treated weather-resistant lumber, and shall be structurally reinforced to resist wind damage. They shall be constructed in such a manner as to provide visual screening.

(t)

The erection of a fence is not mandatory, with the following exceptions in which it is required: to enclose a swimming pool area where required, to enclose a day care center play area, residential perimeter fencing where required, as screening for commercial waste/refuse containers, and as required by other applicable sections of adopted city code.

(u)

The city does not permit fences in floodway areas as designated on FEMA's flood boundary and floodway map. The lone exception for fencing in a floodway area will be a break away fence type as approved through the city engineer.

(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.

(5)

Land scape and tree preservation requirements shall be as contained in the Chapter 23 (Subdivisions).

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 section. 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.

Exceptions: It is an affirmative defense to prosecution for the parking of vehicles at an existing residence on an unimproved driveway or unimproved parking area where such unimproved driveway or unimproved parking area existed before the effective date of the ordinance from which this section is derived; however, the existing unimproved driveway or unimproved parking area shall be maintained in a fashion that will support vehicular traffic, not allow grass, weeds or other vegetation to grow in the unimproved driveway or unimproved parking area.

(a)

An unimproved driveway and an unimproved parking area, which are located in a street yard or a side yard shall be considered as nonconforming uses and subject to the regulations regarding nonconforming uses in section 12-2. Specifically, such unimproved driveway or unimproved parking area shall not be extended or expanded, nor changed except to an improved driveway, an improved surface used for parking, or an unimproved surface.

(b)

If the building or structure that is served by the unimproved driveway is damaged or destroyed to an extent greater than fifty (50) percent of its fair market value (as determined by the most recent appraised value of the appraisal district in which the building or structure is located), and if such building or structure is repaired or replaced, the unimproved driveway shall no longer be permitted, and all off-street parking shall be required to be on an improved driveway.

(c)

If the building or structure that is served by the unimproved driveway is increased by twenty-five (25) percent or more in the square footage, the unimproved driveway shall no longer be permitted, and all off-street parking shall be required to be on an improved driveway.

(d)

Upon the change of ownership of a property, the unimproved driveway or unimproved parking area shall no longer be permitted, and all off-street parking shall be required to be on an improved driveway within ninety (90) days of the transfer of ownership.

(3)

Certain vehicles prohibited: No boat, trailer, or other recreational vehicle except for a camper trailer or motor home 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.

(a)

A camper trailer or motor home must be stored on an improved driveway or improved parking surface with asphalt or concrete, as set forth in the City of Eagle Pass Construction Specifications Manual, if stored in the front yard.

(b)

On residential property when parked on front yard when such recreational vehicle is parked on hard paved surface of concrete or asphalt not less than nine (9) feet by eighteen (18) feet, or at least of sufficient size to accommodate the horizontal area projected by the extreme limits of the vehicle.

(c)

Such recreational vehicles parked or stored in on a front yard shall maintain a minimum five-foot clearance to the property lines.

(d)

In no instance, for any periods of time, shall a recreational vehicle encroach upon a public sidewalk or be parked within or obstruct an intersection visibility triangle, as defined by this Code.

(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; Ord. No. 2020-08, § 1, 4-21-2020; Ord. No. 2021-07, § 1, 4-22-2021; Ord. No. 2022-19, § 1, 7-12-2022; Ord. No. 2023-10, § 1, 5-15-2023; Ord. No. 2024-01, § 1, 1-2-2024)