Mercedes City Zoning Code
ARTICLE 18A
CARPORTS
§ 1 Carports.
In the Class “N” Newly Annexed District, Class “A” Single-Family District, Class “A-1” Single-Family Residence District, Class “A-2” Single-Family Residence District, Class “B” Two-Family Residence District, Class “B-1” Two-Family Residence District; ‘open carport’ setback regulations, as established and applicable, are permitted and may assimilate within the typical building setbacks shown under the specified zoning district’s Area Regulations:
Permitted uses:
Open Carport, a structure that typically shelters one or more vehicles, that may or may not be attached to an existing building, and which may be subject to the following regulations:
a.
Unless the open carport complies with the applicable residential zoning districts’ building setbacks, then all other open carports built within the building setbacks shall be perpetually ‘open’, un-enclosed, and shall, if possible, have an instrument recorded in the County of Hidalgo’s deed records encumbering such perpetual openness. An open carport built without a permit (with no inspections made as to its footing, etc.) should have an Indemnification Agreement signed/recorded in the County of Hidalgo’s real estate records if compliant to the terms of these policies.
b.
In a subdivision that is no older than twenty (20) years from the date of a carport being proposed within the setbacks and said subdivision has less than 50% of its lots built-out and residentially occupied, then the desired open carport shall follow the typical variance request public hearing process. However, once the subdivision that is less than 20 years old has a built-out occupancy of 50%+, then all subsequent and applicable open carport requests may follow the protocol of subsection c. below.
c.
For subdivisions older than 20 years where infringement is proposed, an open carport building permit will be subject to the following regulations:
1.
Lots shall be residentially zoned or residentially used.
2.
The front yard building setback for open carports shall be no less than 5'.
3.
[Side yard setbacks.]
a)
The side yard building setback shall be, or substantially comply with, the minimum existing side yard building setback.
b)
If an open carport is proposed with a side setback less than 3', then the prevailing fire-rating building codes can be administratively imposed, as applicable.
c)
If an open carport is proposed at a side setback less than 3', then the full variance public hearing process shall be activated to assess appropriateness, regardless of the age of the subdivision.
4.
The rear yard building setback for open carports that have rear (alley) access, the minimum setback shall be, or substantially be, four feet (4').
5.
On corner side yard setbacks, an open carport’s support column shall not be less than ten feet (10').
6.
The Board of Commissioners has adopted Building Codes to be applied as structural circumstances warrant. Within said building codes are specific fire-rating regulations to maximize fire protection to Mercedes structures, inclusive of structures that may be at, or very near, side property lines. With this backdrop, the Board of Commissioners hereby declares that should there be an open carport, or a portion thereof, which is within the zoning district’s setback regulation, the setback may be processed pursuant to prevailing fire-rating regulations and the established policies herein.
7.
Hereafter, any open carport shall be constructed over a concrete or asphalt surface interfacing to either the paved street and/or the residence’s primary driveway.
8.
Construction materials and color tones will match, or substantially match, the primary home’s aesthetics. It is declared that a canvas-type roof that is taut to its supporting steel frame may be permitted; however, its color shall match, as much as reasonably possible, the primary color of the residence.
9.
Should the desired open carport be proposed in a subdivision that has a bona fide Homeowners Association (HOA), then the City of Mercedes will provide a courtesy ‘Notice’ to said HOA if the HOA consistently provides up-to-date contact data of who their HOA President/representative is. However, the City of Mercedes stresses that private HOA approval is not mandatory toward the City’s permit issuance process.
10.
No pre-fabricated carports shall be permitted on subdivisions that are less than 10 years old; however, such pre-fab carports may be permitted in older subdivisions. A pre-fab carport, usually made of steel and aluminum sheet-type material, can be approved through the building permit process if subsections 1. through 9. above are complied with or the intent of such subsections are substantially complied with; and, when approved, the pre-fab carports’ color will match the color of the primary residence.
Regarding any open carport structure that is already constructed and reflects a measure of setback infringement, authority is delegated to the Planning Director’s Office to assess the varying circumstances of each case, and to administratively resolve them using precedence, code intent, years of existence, Indemnification Agreements, etc. If necessary to the particular circumstances encountered, the Planning Director is encouraged to consult with the City Manager’s Office as deemed necessary. It is noted that, by approval of this Ordinance, should there be any existing open carport that is substantially compliant to the terms and provisions of this Ordinance, said open carport structure will be considered retroactively approved so long as the required building permit is secured. |
Editor’s note–Ordinance 2021-09 amended the zoning ordinance by allowing carports as a permitted use in the districts specified above. Inclusion of the provisions as article 18A was at the discretion of the editor.
(Ordinance 2021-09 adopted 7/20/21)