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Mercedes City Zoning Code

ARTICLE 7

CLASS “B” TWO-FAMILY RESIDENCE DISTRICT

§ 1 Use regulation.

In a Class “B” Two-Family Residence District, no building, structure or premises shall be used and no building or structure shall be erected, altered or enlarged which is intended or designated to be used in whole or in part for any other than one or more of the following specified uses:
(1) 
Any use permitted in Class “A-2” Single-Family Residence Dist.;
(2) 
Two-family residences;
(3) 
A church or school, public or private, having curriculum equivalent to public school; child nurseries, and kindergartens;
(4) 
Accessory buildings including a private garage; bona fide servant’s quarters not for rent but for use of servants employed on the premises, when located not less than sixty (60) feet from the front lot line and not less than (10) feet from any street line;
(5) 
Temporary building used for construction purposes only, which shall be removed as soon as the construction is completed or abandoned; field office for sale of real estate, which shall be removed on instruction of the building inspector of the City of Mercedes, Texas.
(6) 
Bulletin board and signs, illuminated or otherwise, for churches and schools not exceeding nine (9) sq. ft. in area when attached to a building or erected in the front yard behind the building line; temporary signs, not to exceed two hundred eighty-eight (288) sq. in. pertaining to sale of real estate or rental are permitted, but shall be removed by the owner or agent immediately on sale or rental of same; a nameplate giving the name and occupation of the occupant is permitted, provided that it is attached flatwise to the building and does not exceed one hundred forty-four (144) sq. in. in area.
(7) 
A convent or monastery with a conditional use permit.
(8) 
Home occupations are permitted through the issuance of a conditional use permit.
Editor’s note–Ordinance 82-36, sec. 1, amended article 7 by allowing home occupations as a conditional use. Inclusion of the provisions as subsection 1(8) was at the discretion of the editor.
(Ordinance 26 adopted 5/13/57; Ordinance 82-36, sec. 1, adopted 11/16/82; Ordinance 2010-14 adopted 8/3/10)

§ 1A Conditional use–Assisted living facility.

An Assisted Living Facility; such a use must follow all applicable Site Plan approval requirements imposed for typical conditional use permit review processes; also, such a health care use, if conditionally approved, must first provide applicable State Certification (inspection and clearance) to the City in order to activate services in the City; all such approvals shall be for no more than one (1) year; there shall be no signage for such approved uses since in a single-family residential setting; and there shall be no more than 4 paved off-street parking spaces on the property for any such approved conditional use.
(Ordinance 2017-09, sec. 1, adopted 9/12/17)

§ 2 Height regulation.

No building shall exceed forty (40) feet in height.
(Ordinance 26 adopted 5/13/57)

§ 3 Area regulation.

(1) 
Front yard.
(a) 
There shall be a front yard having a minimum twenty-five-foot (25') front yard building setback. Should there be single-family residential plats that reflect a 30' front yard setback, they may hereafter comply with this 25' front yard building setback regulation. Provided, that if a building line has been established by ordinance or by one (1) or more buildings on one side of the street in one block, this line shall establish the depth of the front yard.
(b) 
Where lots have double frontage, running from one street to the other the required front yard shall be provided on both streets.
(2) 
Side yard.
There shall be a side yard on the east and south side of the lot not less than seven (7) feet and on the north and west side of the lot not less than three (3) feet. A minimum ten-foot (10') side yard setback shall be imposed on all corner side yards of all ‘corner lot’ properties in all zoning districts.
The above does not preclude any corner side yard setbacks that may be required through the recorded plat process.
(3) 
Rear yard.
There shall be a rear yard having a minimum ten-foot (10') rear yard building setback for the primary structure.
Rear Yard Building Setback for Accessory Buildings: 4' or the easement boundary, whichever is greater.
(4) 
Lot area.
Minimum area of the lot shall be eight thousand four hundred (8,400) sq. ft.; however, a lot having an area of less than eight thousand four hundred (8,400) sq. ft. that was on record prior to effective date of this ordinance may be used for any use permitted in this article.
(5) 
Width of the lot.
The minimum width of the lot shall be sixty (60) feet.
(6) 
Parking regulations.
Parking space shall be provided on the lot to accommodate one motor car for each dwelling unit. A driveway leading to the garage may be used for such purpose.
(Ordinance 26 adopted 5/13/57; Ordinance 97-07 adopted 6/3/97; Ordinance 2017-05 adopted 8/29/17; Ordinance 2020-10 adopted 7/21/20; Ordinance 2020-16 adopted 11/3/20; Ordinance 2020-22 adopted 1/5/21; Ordinance 2021-01 adopted 1/19/21)