Seagoville City Zoning Code
Division 27
Exceptions and Variances
§ 25.02.651 Vision clearance.
On any corner lot on which front and side yards are required, no wall, fence, structure, sign, tree, shrub, or hedge may be maintained as to cause danger to traffic by obstructing the view, and when topography prevents a clear view, this bank shall be moved.
(Ordinance 597 adopted 11/7/85)
§ 25.02.652 Front yard.
The front yards heretofore required shall be adjusted in the following cases:
(1)
Where 35 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed, with variation of five feet or less, a front yard greater or lesser in depth than herein required, new buildings shall not be erected closer to the street than the building line so established by the existing buildings. However, this regulation shall not be interpreted as requiring a building line of more than 50 feet.
(2)
Where the frontage between two intersecting streets is developed with buildings that have not observed a front yard as described in (1) above, then:
(A)
Where a building is to be erected on a parcel of land and will not be more than 200 feet from existing buildings on either side, the building line shall be a line drawn between the two closest front corners of the adjacent buildings on the two sides.
(B)
Where a building is to be erected on a parcel of land that is within 200 feet of an existing building on one side only such building may be erected as close to the street as the existing adjacent building. However, this regulation shall not be interpreted as requiring a building line of more than 50 feet.
(3)
Where a building line has been established by ordinance and such line requires a greater setback than is prescribed by this article in the district in which the building line is located, no building shall be erected closer to the street than the line so established.
(4)
Where a building line is shown on a plat recorded with the County Clerk prior to the passage of the ordinance codified in this article, and such building line provides a front yard of 25 feet or more in depth and a side yard of ten feet or more in depth and is part of a comprehensive plan for the orderly development of a subdivision, either with uniform or staggered building line, no building shall be erected closer to the street than the building line or lines so shown. However, any building line established by ordinance shall take precedence over a building line shown on a recorded plat.
(5)
Open and unenclosed terraces or porches and eave roof extensions may project into the required front yard for a distance not to exceed four feet; provided, however, that no supporting structure for such extensions may be located within the required front yard. The supporting structure of an open carport or other structure for the storage of automobiles shall not be located within the required front yard. An unenclosed canopy for a gasoline filling station or similar business may extend beyond the building line but shall never be closer to the property line than 12 feet. The building line of a gasoline filling station shall mean the actual wall of the filling station and shall not be interpreted as being the curb of a walk or driveway, or as the front of a canopy or the column supporting same.
(Ordinance 597 adopted 11/7/85)
§ 25.02.653 Side and rear yards.
(a)
Every part of the required side or rear yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary projection of window sills, belt cornices and other ornamental features projecting not to exceed 12 inches. Eaves and awnings on main residential structures may project to within three feet of a side or rear lot line.
(b)
Accessory buildings may be built in the rear yard except that when such accessory building is located closer than 15 feet to the main building it shall observe the same side yard as required for the main building.
(c)
Open or lattice-enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers, and ordinary projections of chimneys and flues into rear yards may be permitted by the building official into the required rear yard for a distance not to exceed 3-1/2 feet.
(d)
Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the ground [first] floor level of the building may project into a required side yard provided such projections not be erected closer than two feet from the side lot lines.
(Ordinance 597 adopted 11/7/85)
§ 25.02.654 Lot area.
On any lot located in a residential district and that is separately owned prior to the passage of the ordinance codified in this article, a single-family house may be erected even though the lot has less area than required by these regulations.
(Ordinance 597 adopted 11/7/85)
§ 25.02.655 Location of dwellings and buildings.
Only one main building for single-family, two-family, or multiple-family use with permitted accessory buildings may be located upon a lot or unplatted tract. Every dwelling shall face or front upon a street or officially approved place, other than an alley, which means of access shall have a minimum width of 30 feet. Where a lot is used for retail, commercial, industrial, or a combination of same, or for a combination of retail and dwelling purposes, more than one main building may be located upon the lot, but only when such buildings conform to all the open space, parking and density requirements applicable to the uses and districts and when all such main buildings face upon a street or officially approved place, other than an alley. Whenever two or more main buildings or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a street or officially approved place, the same may be permitted when the site plan for such development is approved by the city plan commission so as to comply with the normal requirements for platting. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard or area requirements for any dwelling or other area use.
(Ordinance 597 adopted 11/7/85)
§ 25.02.656 Erection of duplex in R-5 District.
Two-family dwellings may be erected in a single-family R-5 Dwelling District where 40 percent of the street frontage between intersecting streets was developed with two-family dwellings prior to passage of the ordinance codified in this article, and the corresponding frontage on the opposite side of the street may likewise be used for two-family dwellings as provided for in the “D” Duplex District classification, provided however, that the area and parking regulations are complied with.
(Ordinance 597 adopted 11/7/85)