§ 52-44. Projections into required yards.

Certain architectural features, fences, walls, and hedges may project into or be located in required yards as follows:

(a)

Cornices, eaves, and sills not more than two (2) feet into any required yard.

(b)

Balconies, bay windows, and chimneys not more than three (3) feet into front yards, or two (2) feet into side and rear yards.

(c)

Patios and open porches may be located in side yards and rear yards provided that they are not closer than three (3) feet to any adjacent property line. In the case of a corner lot, patios or porches shall be subject to the regular street side yard requirements of the district.

(d)

Reserved.

(e)

An open fire escape not more than three and one-half (3½) feet into rear yards, provided that such structure does not obstruct ventilation or light.

(f)

Reserved.

(g)

No object, or combination of objects, including but not limited to any structure, fence, wall, screen hedge, tree, bush, shrub, billboard or mound of earth, terrace, bank or barrier shall be erected, placed, planted or maintained on any corner lot in such a manner as to create a traffic hazard by obstructing the view of the drivers of motor vehicles using the streets adjacent thereto. The natural existing terrain which cannot be removed by reasonable landscaping techniques including retaining walls constructed below or at the same grade line of said natural existing terrain shall be excluded from the objects otherwise prohibited by this paragraph. And said object, or combination of objects, erected, placed, planted or maintained on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at an elevation between two and one-half (2½) feet above the top of the adjacent roadway curb and eight (8) feet above the top of the adjacent street curb, or if there is no curb then from the average street grade, within a triangular area formed by the intersection of the adjacent street right-of-way lines, the right-of-way lines and a point on each such right-of-way line thirty-five (35) feet from the intersection, shall be prima facie evidence that said object, or combination of objects, so erected, placed, planted or maintained is an obstruction constituting a traffic hazard. The triangular area of visibility as provided herein is further described and depicted by the drawing at the end of this section. Any object or combination of objects, placed, planted or maintained in violation of the [this] paragraph, shall be removed upon written notice by certified mail from the building inspector of the City of Irving, or his representative, to the owner, agent or occupant of the premises where such obstruction has been erected, placed, planted or maintained. Failure of the owner, agent or occupant to remove such an obstruction within ten (10) days after receipt of such notice shall constitute a violation of the zoning ordinance.

(h)

No mechanical equipment designed or manufactured for permanent installation in one place, either outside of a building or projecting through an opening in a building, driven by a motor or motors of five (5) horsepower or more installed in an R-MF-1, R-MF-2, R-MF-3, P-O, C-O, C-N, C-C, C-OU-1, C-OU-2, C-OU-3, C-W, FWY, M-FW or in any industrial district under this ordinance shall be permitted in the required side yard or rear yard abutting a lot used for a single-family resident within an R-40, R-15, R-10, R-7.5, R-6 or A district.

(i)

Subject to the requirements of paragraph (g) above and the requirements of other ordinances of the City of Irving, including but not limited to Chapter 34A of the Code of Civil and Criminal Ordinances of the City of Irving, Texas, state or federal law, no person shall place, permit, construct, or allow an above ground utility structure installed after November 7, 2002, in a front, side and/or rear yard setback adjacent to a public or private street, including a public utility easement and adjacent right-of-way, that does not comply with the requirements in this subsection. These requirements do not apply to alley rights-of-way or public utility easements adjacent to an alley. In addition, no person shall upgrade or enlarge an existing above ground utility structure in a front, side and/or rear yard setback adjacent to a public or private street in such a way that causes the height or volume of the structure to increase without compliance with the requirements of this subsection. All existing above ground utility structures regardless of the date of their installation are also subject to the graffiti mitigation and maintenance requirements of subsection (7) below.

(1)

For purposes of this section, the following words and phrases shall have the meanings ascribed to them as follows. Unless listed below, all other terms shall be as defined in section 52-75, or Chapter 34A Right-of-Way Management of the Code of Civil and Criminal Ordinances of the City of Irving, Texas.

a.

Above ground utility structure means any structure, cabinet, electric meter or any other appurtenance other than a pole or device attached to and completely supported by a pole which is owned or used by a utility company, and which extends higher than the surrounding grade. Above ground utility structures are accessory uses allowed in all zoning districts, and may be placed on property zoned planned unit development (PUD), site plan one (S-P-1), site plan two (S-P-2) or other special district without the need to obtain approval of a development plan, project plan or site plan, or an amended development plan, project plan or site plan prior to installation.

b.

Usable interior floor space means open area inside an above ground utility structure, and which is unoccupied by electronic equipment or controls, and into which a person may physically enter via a door or other opening to the outside.

(2)

No person shall place or install an above ground utility structure within the city limits of Irving until the director of public works or designee has determined that the location does not unduly interfere with other utility installations or result in overcrowding of utility facilities, and such person has been issued a permit for such installation from the director or designee.

(3)

No person shall place or install an above ground utility structure exceeding three (3) feet in height within the visibility triangle area adjacent to any street, alley or driveway intersection, as such area is defined in Exhibit A of section 52-35a of this ordinance.

(4)

Above ground utility structures with usable interior floor space exceeding one hundred twenty (120) square feet above grade shall be considered buildings and shall comply with all requirements of the City of Irving Building Code, including receipt of a building permit from the director of inspections or designee prior to installation in addition to a permit from the director of public works or designee.

(5)

New above ground utility structures may be placed, permitted or maintained in public rights-of-way, public utility easements and/or private utility easements only if located as approved by a permit issued by the director of public works or designee in accordance with the following requirements. All new above ground utility structures allowed under this section shall be located as close as practical to the common lot line between lots or parcels. In the case of a corner lot, above ground utility structures shall be placed along the side street as close as practical to the rear property line (as defined by the location of the front door of the structure) to minimize the visual impact on the front yard and the side yard of the property adjacent to the side street.

Maximum Dimensions of Above Ground Utility Structure	Where and How Allowed
Not exceeding 11 cubic feet in volume	Any public right-of-way or public utility easement or private utility easement without screening.
Not exceeding 45 cubic feet in volume with no dimension greater than six feet	Public or private utility easement adjacent to the public right-of-way in the front, side or rear yard area of a property without screening.* If public easements are not available, right-of-way may be used.
Not exceeding 360 cubic feet in volume or more than 78 inches in height	Public or private utility easement in the front, side or rear yard area of a property no closer than ten (10) feet from the edge of the curb of the street in a residential area screened or as unobtrusive as possible.*
Exceeding 360 cubic feet in volume or more than 78 inches in height	Must comply with the building setback regulations for the property as required by the underlying zoning of the property, or a minimum of fifteen (15) feet from the right-of-way line, whichever is greater, and screened on all sides except for the sides containing openings for access to the utility structure.**

 

*Structures meeting these criteria may not be placed, permitted, or maintained in any public right-of-way or public utility easement in the front yard area (as defined by the location of the front door of the structure) of any property that is already developed with any single-family, duplex, triplex or fourplex uses at the time the above ground utility structure is placed, unless written notification has first been provided to the owner of the property on which the structure is proposed to be placed. Written notification shall be provided to the owner of the property on forms approved by the city, and shall clearly identify the proposed location of the structure, dimensions and appearance of the structure, and the names and telephone numbers of the utility company representatives and City of Irving representatives authorized to discuss the proposed structure with the owner. Proof of notification shall be provided to the director of public works or designee at the time the application for permit is submitted to the city. A private easement, signed by the current owner of the property on which the above ground utility structure is proposed to be placed, shall also satisfy the requirement for proof of notification. Every reasonable effort shall be made to recognize and address the concerns of the property owner, subject to the service demands of the utility company, and the ultimate authority of the city to approve the permit.

**Structures meeting this criteria may not be located on property developed with any single-family, duplex, triplex or fourplex uses unless written approval from the owner of the property on which the structure is proposed to be placed has been provided to the director of public works or designee. A private utility easement shall satisfy the requirement for written permission. If the structure meets the criteria of section 52-44(i)(4) above, a building permit from the City of Irving Inspections Department must also be obtained.

(6)

The utility company shall pursue, to the extent practical and economically reasonable, the placement of new above ground utility structures exceeding twenty-seven (27) cubic feet in volume and any structure that is greater than eleven (11) cubic feet and more than three (3) feet in height in the rear yard area (as defined by the location of the front door of the structure) of any property that is already developed with any single-family, duplex, triplex or fourplex use.

(7)

To the extent reasonably possible, the exterior surfaces of all above ground utility structures shall be maintained by the owner of the above ground utility structure free of graffiti and other defacements such as posters, stickers, decals, and signs, except for those placed on the utility structure by the utility company. The exterior finish of an above ground utility structure shall be maintained free of rust or peeling paint, or other significant visible deterioration. An above ground utility structure and its supporting foundation or pad shall be maintained in such a way as to prevent or eliminate leaning and soil erosion underneath. If a facility leans excessively, it shall be corrected to be as close as possible to vertical. Any open space between the bottom of a foundation or pad and the ground underneath shall be filled with either additional soil or concrete to maintain continuous contact with the ground. Structures shall be maintained in a secure, enclosed and safe condition with all doors and other openings into the structure closed at all times except when the structure is being serviced.

(8)

Unless granted an exception by the director of public works, or designee, and the director of community development, or designee, in accordance with paragraph (14) of this section, no more than two (2) above ground utility structures larger than forty-five (45) cubic feet in volume which are owned, operated or maintained by any one (1) utility company may be installed in the required front, side or rear yard setback area per the underlying zoning along the same side of any city block one thousand (1,000) feet in length or less. City blocks longer than one thousand (1,000) feet in length may have one (1) additional above ground utility structure larger than forty-five (45) cubic feet owned, operated or maintained by the same utility company for each two hundred fifty (250) feet of linear distance or portion thereof between intersections. Any number of additional above ground utility structures larger than forty-five (45) cubic feet owned, operated or maintained by any one (1) utility company may be installed along the same side of a city block if the additional structures are installed in compliance with the required zoning setback of the particular property on which the above ground utility structure is installed.

(9)

Bollards placed to protect above ground or below ground utility structures shall have shrubs planted between the bollards at a ratio of one (1) shrub per each three (3) feet or portion thereof between bollards. Shrubs shall be a minimum of three (3) feet in height at the time of planting.

(10)

Screening will consist of berms, evergreen landscaping, or, only if approved in writing by the director of community development and the director of public works or their designees, a masonry wall or other type of low-maintenance, solid fence not exceeding six (6) feet in height which matches as closely as possible the color and materials of the nearest adjacent building, or any combination of approved berms, landscaping, or walls. No separate fence permit will be required for any screening wall approved by the director of community development and the director of public works or their designees under this section. A mechanical device or light used to indicate failure of the equipment in the structure may be visible from the roadway, if no other method of failure alert is available. Screening shall be placed so that it allows adequate space for openings for access to the above ground utility structure, and so that it does not interfere with sight easements or create other traffic-related visibility obstructions, or conflict with national safety standards.

(11)

Recommended shrubs for screening purposes include:

Glossy Abelia (Abelia grandiflora var. Edward Goucher, Sherwood and other varieties)

Nandina (nandian domestica var. Compacta)

Holly (Ilex comuta var. Dwarf Burford, Carissa, Needlepoint, Dwarf Chinese, Berries Jubilee)

Dwarf Yaupon Holly (Ilex vomitoria 'nana')

Indian Hawthorne (Rhaphiolepsis indica var. Bellerina, Jack Evans, Clara, Pinkie, etc.)

Dwarf Pampas Grass (Cortaderia selloana)

Agarita (Mahonia trifoliata)

Texas Sage (Leucophyllum frutenscens var. Green Cloud, Silverado, etc.)

Cleyera (Ternstroemia gymnanthera)

Dwarf Wax Myrtle (Myrica pusilla)

All shrubs must be a minimum of three (3) feet tall at the time of planting.

(12)

The utility company proposing the above ground utility structure or the owner of the property on which the above ground utility structure is proposed to be placed may propose a xeriscape design, subject to approval of the city arborist.

(13)

Height of above ground utility structures is measured from the lowest grade at any point eighteen (18) inches or less from the side of the structure that faces the roadway to the highest point of the structure, excluding any pad or foundation not exceeding six (6) inches in height on which the utility structure rests.

(14)

Appeals from the requirements of this subsection (i) shall be to the directors of public works and community development, or their designees who shall have the authority to grant exceptions to the requirements of this section when circumstances warrant such an exception. Factors to be considered as part of an appeal include, but are not limited to:

a.

Satisfactory demonstration that the applicant has exhausted all reasonable alternatives to complying with the requirements of this section;

b.

That denial of the above ground utility structures permit application will result in the inability of the utility company to provide service to customers;

c.

That there are existing improvements on the property such as parking spaces, driveways, fire lanes, buildings, other utility structures or facilities, or signs which make compliance with the requirements unreasonable;

d.

That the new structure is necessary due to a city or other governmental entity's project requiring the relocation of existing utility facilities;

e.

That the applicant's proposed use of public property would not inconvenience the public in the use of the road, street or other public property; or

f.

That the application of the ordinance would be more than what is reasonably necessary for the health, safety and welfare of the public.

Requests for exceptions from the requirements of this subsection (i) shall be processed as expeditiously as possible, and shall be either approved or denied no later than ten (10) days from the date the appeal is submitted to the director of public works or designee in writing, which appeal shall include written justification for the request. Appeals to the decision of the directors of public works and community development shall be to the Zoning Board of Adjustments for a special exception, in accordance with the above criteria, and shall be filed in writing with the community development department within fifteen (15) days from the date of the decision being appealed.

(Ord. No. 2805, § 3, 11-6-75; Ord. No. 8085, § 1, 11-7-02; Ord. No. 2018-10114, § 7, 9-20-18)