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Building Permits, Setbacks, Zoning, and Additional Property Information

Zoning Map – Zoning 2014 (22×34)

Zoning Section of Code Book

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.

Building Permit

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Home Owner Association Information

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.

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Texas Property Code

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

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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.

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R-1, R-2 Set Backs

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, 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.

B-1: Zoning:Neighborhood Business District Off Sets

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 .rear yard of not less than ten (10) feet.

I-1 Industrial Business District

(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.
(6) Tanneries.
(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.

Basic Setbacks for Different Zones

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R-1 Residential District

Front Yard – 25 feet, Rear Yard – 10 feet, Sideyard – 5 feet, except corner lots – 25 feet

R-2 Residential District

Front Yard – 25 feet, Rear Yard – 10 feet, Sideyard – 5 feet, except corner lots – 25 feet

B-1 Neighborhood Business District

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

B-2 Central Business District & I-1 Industrial Business District – see Code Book

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