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Monahans City Zoning Code

§ 9.03.016

General provisions.

(a) 
Height of buildings.
(1) 
The height of buildings in the R-1, R-2, R-5, C-1 and C-2 districts shall not exceed thirty-five (35) feet or two and one-half (2-1/2) stories and the height of buildings in the C-3 district shall not exceed forty-five (45) feet or three (3) stories.
(2) 
One-family dwellings in the thirty-five (35) foot height districts may be increased in height by not more than ten (10) feet when two (2) side yards of not less than fifteen (15) feet each are provided. Such dwellings, however, shall not exceed three (3) stories in height.
(3) 
In the thirty-five (35) and forty-five (45) foot height districts public or semi-public buildings, hotels, apartments, hospitals, sanitariums, or schools may be erected to a height not exceeding seventy-five (75) feet when the front, side and rear yards are each increased an additional foot for each foot such buildings exceed thirty-five (35) feet and forty-five (45) feet, respectively, in height.
(4) 
The height of buildings in the R-3 district shall not exceed one hundred (100) feet or eight (8) stories, but above the height permitted at said yard line, four (4) feet may be added to the height of the building for each one (1) foot the building or portion thereof is set back from the required yard lines; provided, however, that the cubical content of such building shall not exceed the cubical content of a prism having a base equal to the area of the lot and a height of one hundred (100) feet.
(5) 
Chimneys, water towers, penthouses, scenery, lots, sugar refineries, domes, spires, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the City of Monahans.
(6) 
On through lots one hundred fifty (150) feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots more than one hundred fifty (150) feet in depth, the height regulation and basis of the height measurement for the street permitting the greater height shall apply to a depth of not more than one hundred fifty (150) feet from that street.
(b) 
Front yards.
(1) 
In the R-1, R-2, R-3, and C-1 districts there shall be a front yard having a depth of not less than twenty-five (25) feet from the property line to the front line of the building, covered porch or covered terrace, or attached accessory building.
(2) 
In each of C-2, R-5, C-3, M-1 and M-2 districts no front yard is required unless building is erected or structurally altered for dwelling purposes, in which event, a front yard of not less than fifteen (15) feet depth is required.
(3) 
Where the frontage on one (1) side of a street between two (2) intersecting streets is zoned for two (2) classes of districts, the setback on the most restricted district shall apply to the entire block.
(c) 
Rear yards.
(1) 
In all districts where buildings are erected or structurally altered for dwelling purposes there shall be a rear yard having a depth of not less than twenty (20) percent of the depth of the lot, provided such rear yard need not exceed twenty-five (25) feet.
(2) 
In the R-3, C-1, and C-2 districts there shall be a rear yard having a depth of not less than twenty (20) percent of the depth of the lot, provided such rear yard need not exceed twenty-five (25) feet.
(3) 
In the C-3, M-1, and M-2 districts when property is not used for dwelling purposes and when not abutting on the rear on a dwelling district, no rear yard is required. If abutting on the rear of dwelling districts R-1, R-2, or R-3, then a rear yard of at least ten (10) feet is required.
(4) 
In computing the required depth of a rear yard for any building where such yard abuts an alley, the depth of the lot may be considered to the center of the alley, and the required depth of rear yard measured from the center of said alley.
(5) 
An accessory building not exceeding one (1) story in height may occupy not more than sixty (60) percent of a minimum required rear yard.
(6) 
An accessory building exceeding one (1) story in height may occupy not more than forty (40) percent of a minimum required rear yard.
(d) 
Side yards.
(1) 
In districts R-1, R-2, and R-3 and in all other districts where a building is erected or structurally altered for dwelling purposes, there shall be two (2) side yards, one (1) on each side of the building, having a combined width of not less than twenty (20) percent of the width of the lot; provided that in no case shall either side yard be less than five (5) feet, and provided further that the combined width of the two (2) side yards need not to exceed twelve (12) feet. An exception to the minimum five (5) feet side lot setback may be made by the city inspector in subdivisions where both lots in question are owned exclusively by the same individual property owner. This exception does not waive any other applicable requirements.
(2) 
In the R-3 district and in all other districts where a building is erected or structurally altered for dwelling purposes for buildings more than three (3) stories in height, but not exceeding eight (8) stories in height each of the two (2) side yards shall be increased one (1) foot in width for each additional story above the third.
(3) 
In the C-1, C-2, C-3, M-1, and M-2 districts if the property is not used for dwelling purposes no side yards are required, unless a lot abuts upon the side of a lot zoned for dwelling purposes. Where a lot abuts upon the side of a lot zoned for dwelling purposes, there shall be a side yard of not less than five (5) feet. In other cases, a side yard, if provided for a business or industrial building shall not be less than four (4) feet.
(4) 
For the purpose of side yard regulations, two (2) or more detached one-or two-family dwellings shall be considered as one (1) building when occupying one (1) lot; provided, however, there shall be a minimum of ten (10) feet between the sides of the building on the same lot.
(5) 
In the case of group houses or court apartments when buildings rear upon the side yard, the width of the side yard shall be increased by one (1) foot for each building or apartment abutting hereon. If any stairways open onto or are served by such side yard, the minimum width of such side yard shall be ten (10) feet.
(6) 
The width of a place or court shall not be less than forty (40) feet measured between buildings or from buildings to the opposite property line; provided that open or unenclosed porches may project into the required place or court not more than twenty (20) percent of the width of such place or court.
(7) 
All other requirements including front, side and rear yards shall be complied with in accordance with the district in which such group houses or court apartments are located.
(8) 
Every part of a required yard or court shall be open from its lowest part to the sky unobstructed except for the ordinary projections of sills, belt courses, cornices, etc.; provided, however, the above projections shall not extend into a court more than six (6) inches nor into a minimum side yard more than eighteen (18) inches.
(9) 
The side and front yard requirements for dwelling shall be waived where dwellings are erected above stores or shops.
(10) 
On corner lots the side yard shall have a minimum width of ten (10) feet from the abutting street side and in the case of reverse frontage when the corner lot faces an intersecting street, in which case there shall be a side yard on the street side equal to the front yard on the lots in the rear. No accessory building on said corner lot shall project beyond the front yard line on the lots in the rear. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot facing an intersecting street, and of record at the time of passage of Ordinance Number 486 or applicable amendments, to less than twenty-eight (28) feet, nor to prohibit the erection of an accessory building on same where this regulation cannot reasonably be complied with.
(11) 
Special side yard arrangements, such as zero lot line, may be provided when the site plan or plat designates the special side yard condition and such site plan or plat is approved by the city council and filed for record, however, all “zero lot line” developments having a common interior side line with any other district a minimum side yard of five (5) feet in width shall be required. No group of single-family attached units shall exceed three hundred (300) feet in length and in case of corner lots at intersecting streets a side yard of ten (10) feet shall be required adjacent to street lines.
(e) 
Lot area.
(1) 
In the R-1 district the minimum area of the lot shall be six thousand (6,000) square feet.
(2) 
In the R-2 district the minimum area of the lot shall be five thousand (5,000) square feet for a one-family dwelling or six thousand (6,000) square feet for a two-family dwelling.
(3) 
In the R-3 district the minimum area of the lot shall be three thousand (3,000) square feet for a one-family dwelling; four thousand (4,000) square feet for a two-family; and for apartment houses or buildings arranged or designed for more than two families the minimum area shall be four thousand (4,000) square feet plus six hundred (600) square feet for each family in excess of two (2).
(4) 
In the R-5 district the minimum area of the lot for a single-family attached building shall be two thousand (2,000) square feet.
(5) 
In the C-1, C-2, C-3, M-1, and M-2 districts the minimum area of the lot shall be five thousand (5,000) square feet for a one-family dwelling; six thousand (6,000) square feet for a two-family dwelling; and for apartment house or building arranged or designed for more than two families the minimum area shall be (6,000) square feet plus six hundred (600) square feet for each family in excess of two (2).
(6) 
On any lot held under separate distinct ownership from adjoining lots at the time of the passage of Ordinance Number 486 or applicable amendments, such separately owned property being of record at the time, a single-family dwelling may be erected even though the lot be of less area than required by the regulations relating to area in the district in which it is located; provided, however, that in any event, the combined area of the dwelling and accessory building shall not cover more than forty (40) percent of the total area of the lot.
(7) 
No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this article, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established. Side yard area used to comply with minimum requirements of this article for a building shall not be included as a part of the required areas of any other building.
(f) 
Special area regulations.
On any corner lot on which a front yard is required by this article, no wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth shall be maintained in such location with such required front yard space as to cause danger to traffic by obstructing the view.
(g) 
Parking.
In all districts where buildings are arranged or designed for dwelling purposes, paved or concrete surfaced off-street parking shall be provided exclusive of yard requirements as follows: Two (2) spaces each not less than eight (8) feet in width and eighteen (18) feet in length for each single-family unit or apartment.
(1) 
Variances may be granted by the city council on number of off-street parking spaces at time of approval of site plan determined by number of bedrooms in each dwelling unit, however, there shall not be less than one and eight-tenths (1.8) spaces per unit with one bedroom nor less than two (2) spaces per unit with two (2) or more bedrooms.
(2) 
All parking spaces serving dwelling units or group housing shall be in a controlled access area with approved concrete ingress and egress approaches and shall be included in the site plan.
(Ordinance 486, sec. 13, adopted 3/26/62; Ordinance 809 adopted 7/13/82; Ordinance 1047, sec. 13, adopted 11/26/02; 1972 Code, sec. 27-13)