Any building projects must be approved by the city before construction begins. A building permit and a fee will need to be submitted at City Hall.
HOA rules, deed restrictions, and covenants are civil agreements between a property owner and the developer or homeowners’ association. When someone purchases a property, they agree to follow certain rules set by the developer or HOA. These rules are not set by the City, nor does the City have any responsibility in determining what they are. City ordinances generally establish a minimum standard required for the health, safety, and comfort of its citizens, but deed restrictions generally establish a higher standard of living for a particular area. Violations of deed restrictions should be reported to your HOA. If there is not an active HOA, they may be enforced by one individual against another by filing a case in civil court.
Sec. 202.004. ENFORCEMENT OF RESTRICTIVE COVENANTS. (a) An exercise of discretionary authority by a property owners’ association or other representative designated by an owner of real property concerning a restrictive covenant is presumed reasonable unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory.
(b) A property owners’ association or other representative designated by an owner of real property may initiate, defend, or intervene in litigation or an administrative proceeding affecting the enforcement of a restrictive covenant or the protection, preservation, or operation of the property covered by the dedicatory instrument.
(c) A court may assess civil damages for the violation of a restrictive covenant in an amount not to exceed $200 for each day of the violation.
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987
R-1 – No Travel Trailers, Mobile Homes or Seabins
No Travel Trailers, Mobile Homes or Seabins in Burkhart Addition – Four (4) blocks between Ave. A to Ave. C, 14th St. to 16th St.
Any property on state roads must be surveyed by the highway department to find the proper setback from the state street.
1. Front Yard: There shall be a front yard along the front line of the lot. The minimum depth shall not be less than twenty-five (25) feet.
2. Side Yards: There shall be a side yard on each side of a building, the minimum, the depth shall be not less than five (5) feet, except on a corner lot the side yard on the street side shall have a side yard of not less than twenty-five (25) feet.
3. Rear Yard: The depth of the rear yard shall not be less than ten (10) feet.
1. Front Yard: There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be twenty (20) feet.
2. Side Yards: For uses permitted in subsections 9 through 14 in “R-1” Residential Area No.1, the same side yard regulations shall apply. For additional uses permitted in the “B-1” district, no side yards are required except that on a corner lot the side yard on a street side shall be twenty (20) feet. Where a lot is used for any of the commercial purposes permitted in this district and abutting on the side of a lot in an “R-1” district there shall be a side yard of not less than five (5) feet.
3. Rear Yard: For uses permitted in subsections 9 through 12, in “R-1” Residential Area No.1, the rear yard shall be the same as in the “R-1” district. For all other uses, a rear yard is not required except when it abuts upon an “R_1” district in which case there shall be a rear yard of not less than ten (10) feet.
(1) Junkyards or automobile wrecking yards.
(2) Petroleum refining.
(3) Cement or lime manufacture.
(4) Explosives manufacture or storage.
(5) Storage or bailing of rags, paper, iron or junk.
(7) Garbage, offal or dead animal reduction or dumping.
(8) Fertilizer manufacture.
(9) There shall be no trailer houses, mobile homes or mobile home parks within two hundred (200) feet of US Highway 67.
B. Height and area regulations: In the industrial district, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as follows; provided, however, that buildings erected or structurally altered and used exclusively for dwelling purposes shall comply with the front, side and rear yard regulations of the residence use districts:
[1.] Height: No building hereafter erected or structurally altered shall exceed a height equal to twice the width of the widest street on which said building is located; and in no case shall the height be greater than ten (10) stories or one hundred twenty (120) feet (except it may be increased by special permit of the commission [council].)
[2.] Front Yard: No front yard required.
[3.] Side Yard: No side yard required, but if provided it shall be not less than three (3) feet, and except on that side of the lot abutting upon the side of a lot zoned for dwelling purposes in which case there shall be a side yard of not less than five (5) feet.
[4.] Rear Yard: No rear yard required. (Ord. of 6-12-62; Ord. of 1-15-80, Art. III)
C. 4th Street Located in South Ballinger, is renamed to Selby Street by Ordinance on 12-21-2009.
Front Yard – 25 feet, Rear Yard – 10 feet, Sideyard – 5 feet, except corner lots – 25 feet
Front Yard – 25 feet, Rear Yard – 10 feet, Sideyard – 5 feet, except corner lots – 25 feet
Front Yard – 20 feet, Rear Yard – 10 feet Depending on use (Refer to Sec 30-7. C), Sideyard – 5 feet when next to residential property, none required for businesses, except corner lots – 25 feet
Sec. 16-A-1. Definitions.
The existing definition of “Mobile Home” is repealed and replaced with the following definition:
“Mobile Home” is defined as a structure constructed before June 15, 1976; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and includes the plumbing, heating, air conditioning, and electrical systems of the home.
The definition of “Manufactured Home” is added as follows:
“Manufactured Home” is defined as structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development; built on a permanent chassis; designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; transportable in one or more sections; and in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; includes the plumbing, heating, air conditioning, and electrical systems of the home; and does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g).
The definition of “Travel Trailer” is hereby added:
“Travel Trailer” is defined as any vehicle or similar portable structure that has at any time had axles and/or a tongue attached or that was designed for axles, such as the use of steel beams as floor joists or supports, if so designed or constructed as to permit occupancy for dwelling or sleeping purposes or commercial purposes.
Where the term “Mobile Home” is used in the existing Code of Ordinances, it shall be replaced with the term “Manufactured Home.”
Sec. 16-A-55. Requirements for Manufactured Homes, Mobile Homes and Travel Trailers.
(a) No travel trailer over ten (10) years of age will be allowed inside the city limits of Ballinger for dwelling purposes. This age restriction does not apply to travel trailers used for recreational purposes.
(b) Mobile homes for dwelling purposes are not allowed inside the city limits of Ballinger.
(c) A manufactured home, mobile home or travel trailer that is a substandard structure or nuisance as defined by state and/or local law will not be allowed inside the city limits of Ballinger.
(d) A manufactured home, mobile home or travel trailer cannot be used as a storage building or for non-dwelling purposes such as offices, except manufactured homes or travel trailers for temporary office space (duration of the project only) on construction sites.
(e) Once a travel trailer exceeds the age of ten years it cannot be moved to another address in the city limits of Ballinger. If it is moved, it must be moved out of the city limits of Ballinger.
(f) A title showing the vin number of the travel trailer with the make and year model must accompany the building permit.
(g) Exception to mobile home prohibition or travel trailer age requirement: Any mobile home or travel trailer inside the city limits of Ballinger prior to the effective date of this Ordinance is grandfathered in place. All other regulations applicable to mobile homes or travel trailers, such as relocating, use as storage buildings or non-dwelling purposes, nuisances and being moved shall apply. Any owners of travel trailers older than ten (10) years of age or mobile homes inside the city limits of Ballinger on the effective date of this Ordinance shall register the mobile home or travel trailer with the City’s Code Enforcement Department.
(a) Any person who violates or fails to comply with this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined not more than $500.00. Each day any violation or noncompliance continues constitutes a separate offense.
(b) A violation of any term or provision of this ordinance may be enjoined by civil injunctive relief. The City may, at its sole discretion, seek injunctive and other equitable relief to restrain any violation of this ordinance and may, in addition, pursue any lawful remedies to correct, abate, or punish any violation hereof.
(c) The penalties and remedies provided for in this ordinance are not exclusive of each other or of any other remedy at law or in equity, and all such remedies are declared to be cumulative.
III. Severability Clause. It is hereby declared to be the intention of the City Council of the City of Ballinger that any phrase, sentence, section, or paragraph of this ordinance shall be declared unconstitutional or otherwise invalid by final judgment of a court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remainder of this ordinance since the same would have been enacted by the City Council without the incorporation of the unconstitutional or invalid phrase, sentence, section or paragraph.
IV. Repealing Clause. All provisions in conflict with the provisions of this Ordinance shall be, and the same are hereby repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect.
V. Publication and Effective Date. The City Secretary is hereby authorized and directed to publish the caption of this Ordinance in the manner and for the length of time prescribed by law and this ordinance shall become effective after publication of same as provided by charter and/or State law. (Ord. 2-26-16)