§ 52-43. Required yards.

(a)

If thirty (30) percent or more of the frontage on one side of a street between two (2) intersecting streets is improved with buildings that have observed an average front yard line with a variation in depth of not more than six (6) feet, then the average front yard so established shall be observed; but this regulation shall not be interpreted to require a front yard of more than one and one-half (1½) times the depth of front yard otherwise required.

(b)

The side, front and rear yard requirements for dwellings shall be waived where dwellings are erected above stores and shops.

(c)

The planning and zoning commission may recommend and the city council of the City of Irving may require a minimum front yard, rear yard or side yard greater than that required as a minimum setback by the specific use categories when the safety of the traveling public and the general health, welfare and morals of the community require greater setback depth.

(d)

(1)
In any residential zoning district, the door or entry to a garage shall not be located closer than twenty-five (25) feet as measured along the centerline of the approaching driveway, to any lot line, public right-of-way or any private common access easement.

(2)

It shall be unlawful for the owner or tenant of property to intentionally, knowingly or recklessly permit any vehicle, trailer or other conveyance to be parked in whole or in part upon the property in such a manner as to obstruct a common access easement, or public or private alley.

(e)

When the owner of two (2) or more platted lots which side yards abut each other and front yards front upon the same street wishes to construct a principal use structure across the interior side yard lot lines, he shall make application with the department of building inspections for a building permit and in the application he shall state which lots are involved, provide information which shows any easement, drainage swell, or other natural or manmade obstruction on or along the side yard lot line which is to be covered by the structure and no building permit shall be issued until the impediment has been removed. When the owner has shown no impediments exist as to construction of a principal use structure or accessory use structure over an interior side yard lot line, the side yard setback requirement in all "R-40," "R-15," "R-10," "R-7.5," "R-6," and "A" zoning districts and any other zoning district of single-family detached dwelling shall be waived and a building permit may be issued for construction of a principal use structure over an interior lot line. In no event shall the exterior side yard setback requirement be violated and no more than one principal structure plus those accessory uses set forth in the above residential zoning districts shall ever be constructed upon two (2) or more lots which have been combined pursuant to this section. Should any excess portion of a combined lot be conveyed to another owner, no structure shall be constructed thereon nor shall it be added to another lot for any zoning or building permit purpose until such time as it has been replatted to combine it with another lot or lots as permitted by Article 974a, V.A.T.C.S.

(Ord. No. 1309, § 2, 2-10-65; Ord. No. 2068, § 1, 2-11-71; Ord. No. 3110, § 1, 6-1-78; Ord. No. 4291, § 1, 12-1-83; Ord. No. 6171, § 2, 9-9-92; Ord. No. 7134, § 1, 10-9-97)