Chapter 33A Building Setback

In the event right-of-way acquisition by a governmental agency, as defined in subsection 52-47(a), causes existing improvements to be in violation of this chapter, said improvements shall be exempt from the provisions of this chapter to the extent said violation is caused by the right-of-way acquisition, subject to the following:

Nothing provided in this provision shall be construed to permit any obstruction which may create a traffic safety hazard or any other safety hazard as determined by the director of public works and transportation.

Existing fencing originally located on the acquired property in the area of acquisition shall be relocated to the remainder of the tract as close as practicable inside the new property line.

It shall be an affirmative defense to prosecution of an alleged violation under this chapter if it can be shown that:

The alleged violation arose solely as a direct result of right-of-way acquisition by a governmental agency; and

The property has a currently valid exemption under this section.

(Ordinance 8471, § 1, adopted 4/21/2005)

ARTICLE II SETBACKS

§ 33A-2 Thirty-foot setback required.

It shall be unlawful for any person, firm, corporation, association of persons or other entity to build, construct, erect, or reconstruct any buildings, structures (other than monument signs erected in lieu of pole signs and in conformance with the sign ordinances of the city) or fences within thirty (30) feet of the right-of-way of:

State Highway Loop 12;

State Highway 183;

(3)

State Highway 114;

(4)

Belt Line Road, except that the thirty (30) feet setback from the right-of-way of Belt Line Road may be reduced to twenty (20) feet if no parking area or other paving of any type (other than a sidewalk) is placed between the face of the building and the right-of-way line;

(5)

Grauwyler Road between State Highway Loop 12 and State Highway 183; and

(6)

State Highway 356 between Sowers Road and State Highway 183.

It shall be an affirmative defense to prosecution under this section if the base of a sign was placed within the following described area:

Being a part of Lot 1, Block AR of the Freeman Olds, 4th Revision, an addition to the City of Irving, Dallas County, Texas, as recorded in Volume 90113, Page 3409, Dallas County Plat Records, and being part of a tract conveyed to Freeman Investments Company, Inc. and J & J Estate Partnership by deed recorded in Volume 2000001, Page 3732, Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows:

Commencing at a ½-inch iron rod found for corner, said corner lying in the South line of Airport Freeway (272 foot right-of-way) and being the Northwest corner of said Lot 1;

Thence East along the South line of said Airport Freeway, a distance of 180.86 feet to a point for corner

Thence South, a distance of 15.13 feet to the point of beginning;

Thence South, a distance of 15.70 feet to a point for corner;

Thence West, a distance of 6.89 feet to a point for corner;

Thence North, a distance of 15.70 feet to a point for corner;

Thence East, a distance of 6.89 feet to the point of beginning and containing 108.17 square feet or 0.0025 acres of land.

(Ordinance 4967, § 2, adopted 6/5/1986; Ordinance 7343, § 1, adopted 10/8/1998; Ordinance 8682, § 1, adopted 8/3/2006; Ordinance 8744, § 1, adopted 1/11/2007; Ordinance 2009-9115, § 1, adopted 9/3/2009)

§ 33A-3 Forty-foot setback required.

It shall be unlawful for any person, firm, corporation or association of persons to build, construct, erect or reconstruct any buildings, structures (other than monument signs erected in lieu of pole signs and in conformance with the sign ordinances of the city) or fences within forty (40) feet of the right-of-way of:

Interstate Highway 635;

State Highway Spur 348;

(3)

State Highway Spur 482; and

(4)

State Highway 161.

It shall be an affirmative defense to prosecution under this section if the fence and parking occurred within the following described area:

Being a part of Lot 3, Block 1 of Towne Lake Phase I, an addition to the City of Irving in Dallas County, Texas, according to the map thereof recorded on page 1067 of Volume 83091 in the Dallas County Map Records and being more particularly described as follows:

Beginning at a found one-half inch yellow capped iron rod at the northeast corner of said Lot 3, the southeast corner of Lot 4, said Block 1, the southwest corner of Lot 5, said Block 1, and the northwest corner of Lot 6, said Block 1;

Thence S 06°38'29"E along the east line of said Lot 3 and along the west line of said Lot 6 a distance of 396.07 feet to a found one-half inch yellow capped iron rod at the southeast corner of said Lot 3 and being in the north right-of-way line of W. Pioneer Drive and being the beginning of a curve to the left whose chord bears S 42°33'06"W;

Thence southwesterly along said curve to the left along the north right-of-way line of said W. Pioneer Drive and through a central angle of 00°21'32.5", a radius of 632.50 feet an arc length of 3.96 feet, and a chord distance of 3.96 feet to a point for corner;

Thence N 06°38'29"W a distance of 399.00 feet to a point for corner;

Thence N 89°52'34"E along the north line of said Lot 3 and along the south line of said Lot 4 a distance of 3.02 feet to the point of beginning, containing 0.024 acres or 1192.6011 square feet of land.

Being two tracts of land, out of the McKinney and Williams Survey, Abstract No. 1058, situated in the City of Irving, Dallas County, Texas, and being part of Lot 1, Block A of Bible Way Addition, an Addition to the City of Irving recorded in Volume 2003013, Page 00042 of the Map Records of Dallas County, Texas (MRDCT), said two tracts being more particularly described by metes and bounds as follows:

Tract One

Commencing at a point in the southeasterly right-of-way line of State Highway 161 (a variable width R.O.W.), said point being the southwest corner of said Bible Way Addition and the northwest corner of Lot 23, Block A of Greenview Hills Addition, an addition to the City of Irving recorded in Volume 12, Page 121 (MRDCT);

Thence North 89°21'18" East, with the south line of said Bible Way Addition and north line of Lot 23, a distance of 40.00 feet to a point for a corner at the intersection of said south line of Bible Way Addition and the platted 40 foot building line along State Highway 161;

Thence North 00°45'17" West, with said 40 foot building line of State Highway 161, a distance of 188.05 feet to an angle point;

Thence North 15°37'01" East, continuing with said 40 foot building line of State Highway 161, a distance of 35.07 feet to the point of beginning;

Thence South 89°29'39" West, departing said 40 foot building line of State Highway 161, a distance of 2.74 feet to a point for a corner;

Thence North 00°30'21" West, a distance of 19.50 feet to a point for a corner;

Thence North 89°29'39" East, a distance of 8.37 feet to a point for a corner in said 40 foot building line of State Highway 161;

Thence South 15°37'01" West, with said 40 foot building line of State Highway 161, a distance of 20.30 feet to the point of beginning and containing 108 square feet of land, more or less.

Tract Two

Thence North 00°45'17" West, with said 40 foot building line of State Highway 161, a distance of 188.05 feet to an angle point;

Thence North 15°37'01" East, continuing with said 40 foot building line of State Highway 161, a distance of 59.99 feet to the point of beginning;

Thence North 00°30'21" West, departing said 40 foot building line of State Highway 161, a distance of 4.48 feet to a point for a corner;

Thence North 89°29'39" East, a distance of 1.30 feet to a point for a corner in said 40 foot building line of State Highway 161;

Thence South 15°37'01" West, with said 40-foot building line of State Highway 161, a distance of 4.66 feet to the point of beginning and containing 3 square feet of land, more or less.

(Ordinance 4967, § 2, adopted 6/5/1986; Ordinance 7343, § 1, adopted 10/8/1998; Ordinance 7824, § 1, adopted 4/19/2001; Ordinance 8236, § 1, adopted 10/2/2003)

§ 33A-4 Twenty-five-foot setback area.

State Highway 356 between Irving Heights Drive and the east city limits.

(Ordinance 4967, § 2, adopted 6/5/1986; Ordinance 7343, § 1, adopted 10/8/1998)

§ 33A-5 Parking.

It shall be unlawful for any person, firm, corporation, association of persons or other entity to allow, permit, or maintain parking of any kind within thirty (30) feet adjacent to any right-of-way designated by this chapter, with the exception of those portions of Grauwyler Road and State Highway 356 designated in subsections 33A-2(a)(5), 33A-2(a)(6), and 33A-4(1) for which no parking of any kind is allowed within fifteen (15) feet adjacent to those rights-of-way.