(a) 
At the time of submission of any original or amended subdivision plat to the planning and zoning commission for approval, the planning and zoning commission shall have the power and authority to accept and approve any building setback lines projected on such plat or plats, even though such building setback lines may not be in compliance with the requirements set out in this chapter.
(b) 
Where setbacks have been established by the planning and zoning commission on a plat of record, those setbacks shall be enforced even though not in compliance with the restrictions set forth in this chapter.
(c) 
The ordinary projections of sills, eaves, cornices and ornamental features may extend to a distance not to exceed 24 inches into a required yard.
(d) 
Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a required yard, may be permitted by the building official for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.
(1966 Code, § 32-58(1))
(a) 
When 50 percent or more of the frontage on one side of a street on any one block is improved with buildings that have a front yard which is greater than the required front yard in the district, no new building shall project beyond the average front yard so established or the front yard setback set by this chapter.
(b) 
Where lots have double frontage, running through from one street to another, a required front yard shall be provided on one street only.
(c) 
In a residential district, no fence, structure or planting higher than three feet above the streetflow gutter line shall be maintained within 25 feet of the curb intersection. Palm trees or similar small trunk trees or vegetation may occupy this area provided that the foliage is continuously trimmed a minimum of eight feet above street grade.
(d) 
Filling station pumps and pump islands may be located within a required yard provided they are not less than 13 feet from any property line or 18 feet from the curb, whichever is greater, and not less than 100 feet from any residential district boundary.
(1966 Code, § 32-58(2); Ordinance 2021-80, § I, adopted 10/11/2021)
(a) 
On a corner lot in all districts, the width of the side yard along the street shall not be less than ten feet provided that the buildable width of such a lot of record shall not be reduced to less than 38 feet. This regulation shall not apply to those lots of record which have existing buildings prior to the date of the ordinance from which this chapter is derived. However, should these buildings be removed, destroyed or in any way eliminated from the property, they shall thereafter comply with this chapter. Corner lots subdivided after the date of the ordinance from which this chapter is derived shall be at least four feet wider than the minimum lot size in residential zones and ten feet wider in commercial zones.
(b) 
No accessory building shall project into the required yard along any street.
(c) 
Where dwelling units are erected above a commercial establishment, no side yard is required except when required for the commercial building on the side of a lot adjoining a residential district.
(d) 
A porte-cochere or canopy may project into a required side yard provided every part of such porte-cochere or canopy is unenclosed and not less than four feet from any side lot line or eight feet from a corner property line.
(e) 
For the purpose of side yard regulations, a multiple dwelling shall be considered as one building occupying one lot.
(f) 
Where a lot of record at the time of the effective date of the ordinance from which this chapter is derived is less than 50 feet in width, the required side yard may be reduced to ten percent of the width of the lot, provided that no side yard shall be less than 3½ feet.
(g) 
Community buildings, museums, libraries and other permitted public buildings shall be located not less than 40 feet from any side lot line when located in an R-1, R-2 or R-3 zoning district.
(1966 Code, § 32-58(3))
An accessory building in a residential district shall not exceed 25 feet in height. An accessory building shall be no closer than five feet to the main building except where a firewall is provided.
(1966 Code, § 32-58(4); Ordinance 2017-08, § I, adopted 1/23/2017)
Where a lot of record at the time of the effective date of the ordinance from which this chapter is derived has less area or width than required by this chapter in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, such lot may nonetheless be used for a one-family dwelling or for any nondwelling use permitted in the district in which it is located, as long as it meets all other requirements of this chapter.
(1966 Code, § 32-58(5))
(a) 
The zoning board of adjustment may grant a special exception to the minimum setback requirements for a carport when, in the opinion of the board:
(1) 
There is no adequate vehicular access to an area behind the required front building line that would accommodate a parking space; and
(2) 
The carport will not have a detrimental impact on surrounding properties.
(b) 
In determining whether to grant this special exception, the board shall consider the following factors:
(1) 
Whether the requested special exception is compatible with the character of the neighborhood.
(2) 
Whether the value of surrounding properties will be adversely affected.
(3) 
The suitability of the size and location of the carport
(4) 
The materials to be used in construction of the carport
(c) 
Storage of items other than motor vehicles is prohibited in a carport for which a special exception has been granted under this subsection.
(d) 
If the zoning board of adjustment grants a special exception as provided in this section, the site plan and the minutes of the zoning board of adjustment meeting shall be officially recorded with Hidalgo County.
(e) 
Any special exception granted under this chapter is granted solely to the applicant and may not be transferred, sold, inherited, bequeathed, or devised.
(f) 
A new special exception shall be required upon any change or transfer in ownership of the underlying tract; a special exception granted to a previous applicant does not confer any right to any other individual or corporation to maintain the carport without approval from the zoning board of adjustment.
(g) 
No carport for which a special exception has been granted under this subsection shall exceed 400 square feet in size.
(Ordinance 2018-70, § I, adopted 10/8/2018; Ordinance 2023-85 adopted 6/26/2023)
(a) 
For purposes of this section, "tree house" shall mean a structure built in the branches of a tree for children to play in that is not equipped with electricity, water, plumbing, or sewage.
(b) 
The zoning board of adjustment may grant a special exception to the minimum setback requirements for a tree house when, in the opinion of the board:
(1) 
There are no safety concerns regarding the location of the tree house; and
(2) 
The tree house will not have a detrimental impact on surrounding properties.
(c) 
In determining whether to grant this special exception, the board shall consider the following factors:
(1) 
Whether the requested special exception is compatible with the character of the neighborhood.
(2) 
Whether the value of surrounding properties will be adversely affected.
(3) 
The suitability of the size and location of the tree house.
(4) 
The materials to be used in construction of the tree house.
(d) 
Tree houses granted a special exception under this section shall not be used for any purpose except for the temporary recreational use of children; nothing in this section shall be interpreted to permit a tree house to serve as overnight lodging, accommodations or a dwelling.
(e) 
Any special exception granted under this chapter is granted solely to the applicant and may not be transferred, sold, inherited, bequeathed, or devised.
(f) 
A new special exception shall be required upon any change or transfer in ownership of the underlying tract; a special exception granted to a previous applicant does not confer any right to any other individual or corporation to maintain the carport without approval from the zoning board of adjustment.
(Ordinance 2020-36, § I, adopted 7/27/2020)