§ 33A-3. Forty-foot setback required.

(a)

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:

(1)

Interstate Highway 635;

(2)

State Highway Spur 348;

(3)

State Highway Spur 482; and

(4)

State Highway 161.

(b)

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

(1)

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.

(2)

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

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 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.

(Ord. No. 4967, § 2, 6-5-86; Ord. No. 7343, § 1, 10-8-98; Ord. No. 7824, § 1, 4-19-01; Ord. No. 8236, § 1, 10-2-03)