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Ordinance 2004-4


ORDINANCE NO. 2004-4

AN ORDINANCE AMENDING CHAPTER 9 OF THE BASTROP CITY
CODE EXHIBIT "A", BY DELETING SECTION 5.50.1 D RELATED TO
LOT SIZE, AMENDING SECTIONS 5.70 AND 6.110.5 RELATED TO
BUILDING LINES; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.


WHEREAS, in order to achieve the goals and standards of the City in facilitating the orderly and proper development of property within the City's jurisdiction, it is necessary to amend the Ordinance to reflect necessary clarifications.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:

PART 1: That Chapter 9 of the 1995 Revised Code of Ordinances of the City of Bastrop, Subdivision Ordinance, Exhibit A Section 5.50.1 D, is hereby deleted.

PART 2: That Chapter 9 of the 1995 Revised Code of Ordinances of the City of Bastrop, Subdivision Ordinance, Exhibit A Section 5.70 be amended so that it shall hereafter read as follows:

5.70 BUILDING LINES

The minimum building setback shall be observed for all structures as indicated in the City of Bastrop Zoning Ordinance if applicable. If not otherwise specified, the indicated minimum setbacks shall be observed for the following features:

A. State Highways - 50 feet
B. County and other roads - 25 feet
C. Alleys - 20 feet
D. Adjacent property lines - 10 feet
E. Adjacent buildings on the same lot 15 feet (unless a fire rated wall is provided - see fire district)
F. Drainage ditches - shall be treated the same as front, side or rear setbacks (as measured from the nearest point of the easement)
G. Major Drainage ways or structures - 50 feet (as measured from the nearest point of the easement or 100 year water spread, whichever is greater)
H. Rivers or streams - 100 feet (as measured from the nearest point of the easement or 100 year water spread, whichever is greater).
I. Railroad right-of-way - 50 feet from a through running section, (as measured from the nearest point of the right of way).
J. Railroad right-of-way - 25 feet from a spur or siding section (as measured from the nearest point of the right of way). Note: Transshipment facilities are exempt from this     setback.
K.Gas or petroleum pipe lines - 100 feet (as measured from the nearest point of the easement)
L. High voltage transmission lines or transmission towers - 50 feet (as measured from the nearest point of the easement).

PART 3: That Chapter 9 of the 1995 Revised Code of Ordinances of the City of Bastrop, Subdivision Ordinance, Exhibit A Section 6.110.5 be amended so that it shall hereafter read as follows

6.110.5 Building Lines

The minimum building setback shall be observed for all structures as indicated in the City of Bastrop Zoning Ordinance if applicable. If not otherwise specified, the indicated minimum setbacks shall be observed for the following features:

A. State Highways - 50 feet
B. County and other roads - 25 feet
C. Alleys - 20 feet
D. Adjacent property lines - 10 feet
E. Adjacent buildings on the same lot - 15 feet (unless a fire rated wall is      provided - see fire district)
F. Drainage ditches - shall be treated the same as front, side or rear      setbacks (as measured from the nearest point of the easement)
G. Major Drainage ways or structures - 50 feet (as measured from the      nearest point of the easement or 100 year water spread, whichever      is greater)
H. Rivers or streams - 100 feet (as measured from the nearest point of      the easement or 100 year water spread, whichever is greater).
I. Railroad right-of-way - 50 feet from a through running section, (as
   measured from the nearest point of the right of way).
J. Railroad right-of-way - 25 feet from a spur or siding section (as     measured from the nearest point of the right of way). Note:Transshipmentfacilities are exempt from this setback.
K.Gas or petroleum pipe lines - 100 feet (as measured from the nearest     point of the easement)
L. High voltage transmission lines or transmission towers - 50 feet (as     measured from the nearest point of the easement).

PART 4: That if any part of this Ordinance is held to be unenforceable, then the validity of the remaining parts shall not be affected by such holding.

PART 5: That any provisions of the Bastrop City Code and any ordinances in conflict with this ordinance are, to the extent of any such conflict, hereby repealed.

PART 6: This Ordinance shall take effect upon the date of final passage noted below, or when all applicable publication requirements, if any, are satisfied in accordance with the City's Charter, Code of Ordinances, and the laws of State of Texas.

READ and Acknowledged on First Reading on the 9th day of March 2004.
READ and Adopted on Second Reading on the 23rd day of March 2004.

APPROVED:
Mayor Tom Scott's signature.

Tom Scott, Mayor

ATTEST:
City Secretary's signature, Teresa Valdez.
Teresa Valdez, City Secretary


APPROVED AS TO FORM:
Jo-Christy Brown
Brown Carls, LLP
City Attorneys

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