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Ord 2-2002 1/3/2002ar ORDINANCE NO. 'L -'Z, o7j ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CITY OF WICHITA FALLS ZONING ORDINANCE IN PART AT SECTION 2030, DEFINITIONS, AND AT SECTION 4600, ET SEQ., REGARDING SCREENING REQUIREMENTS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Planning and Zoning Commission has reviewed and recommended for approval certain amendments to the Zoning Ordinance; and' WHEREAS, the City Council has determined that such amendments are in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Section 2030 of the City of Wichita Falls Zoning Ordinance is hereby amended in part to change and /or add the definitions listed below: "Fence. A structure erected to enclose and screen areas of property. Public Right -of -Way. A strip of land acquired by reservation, dedication, prescription or condemnation, and used or intended to be used as a public use. Residential Use. Shall refer to such uses as single - family attached or detached dwellings, apartment complexes, condominiums, townhouses, duplexes, mobile /manufactured homes, nursing homes, retirement communities, or similar uses characterized by the long -term occupancy of a dwelling, as opposed to uses characterized by a short-term or transient nature, such a hotels, motels, halfway houses, RV parks or other such facility and other such uses. Residential Zoning District. Shall refer to any zoning district which, as a permitted use, allows a residential use as defined herein, but which excludes the General Commercial (GC) zoning district. Setback Area. Shall be the area between the property line and the minimum building setback as established by the zoning district in which the lot is located or which is according to a final plat filed for record with the county." SECTION 2. Section 4600 of the City of Wichita Falls Zoning Ordinance, entitled Screening Regulations, is hereby amended to read as follows: "4600 SCREENING REGULATIONS 4605 Purpose. The purpose of this regulation is to provide protection against negative impacts of certain land uses upon other land uses or public rights -of -way through the installation and maintenance of visual or other sensory barriers and to improve the aesthetic appearance of land as viewed from a public right -of -way for those persons living, working or otherwise traveling in the City. 4610 Screening Required To Separate Certain Land Uses A. Should a single - family detached or duplex residential use be proposed adjacent to an existing residential or non - residential land use, no additional screening by the existing residential or non - residential land use shall be required. B. Should a use other than a single - family detached or duplex residential use be proposed adjacent to a single - family detached or duplex residential use, or a residential zoning district, a screening device shall be required to form a barrier between the uses as determined by the Department of Community Development. The screening device shall be installed by the entity responsible for the proposed use. C. The minimum required screening shall be a privacy fence. Required screening by a non - residential use adjacent to a residential use or residential zoning district shall be wood or masonry unless otherwise allowed herein. In all situations, the Department of Community Development shall approve screening material, screening location and screening height by considering compatibility with adjacent land uses and existing screening devices. D. The Department of Community Development may authorize the phasing of required screening where it is demonstrated that the proposal maintains the intent of this regulation. 4615 Exceptions The Department of Community Development may grant an exception to the required screening by lessening or removing the screening requirement as required herein. One or more of the following conditions must be present or apply for consideration of an exception: A. The affected property line is located within a floodway and location of the required screen would be contrary to existing ordinances. Where such a situation exists, an alternate location for the required screen shall be shown on a plan and, when approved, shall become a part of the building permit. B. There is an existing privacy fence on an adjacent property that is determined as sufficient to accomplish the intent of this ordinance and structurally adequate. C. When such uses are separated from a residential use, residential zoning district or more restrictive zoning district, as defined in Section 3030, by a public right -of- way seventy (70) feet wide or greater. D. Where conditions exist which include, but are not limited to such elements as a drainage facility, easement, river, creek or other body of water, a topographic variation, distance separation, or similar situation or elements which are determined as sufficient to accomplish the intent of this provision, and that no more than minimal effects in the aesthetics of the site will result, nor will the use pose a negative impact upon adjacent or neighboring land uses. Such conditions shall be shown on a site plan and evaluated for effectiveness in accomplishing the overall intent of this provision and approved by the Department of Community Development. E. Upon receipt of written objection to the construction of a screening device from a majority of the affected property owners. There shall be determined a need for such a screening devise, regardless of written objections, by considering street aesthetics, effects upon other land uses and similar situations or conditions which exists or may exist. F. Upon determination by the Department of Community Development that the screening device could be more objectionable than the proposed land use. Such evaluation will consider the proposed land use location and the relationship of the proposal with adjacent properties. The proposal shall be reflected in a site plan that also depicts building elevations, material type and other such information needed to make an informed decision. 4620 Screening Location In general, a screening device shall be provided and maintained at the property line unless an alternate location is approved where such alternate location will meet the intent of this provision. Such location requirement shall also be contingent upon other requirements of this Ordinance, as may be amended. No fence or wall may be placed within the front or exterior side setback area if abutting a public street unless it is determined that placing the fence or wall within these areas will maintain the intent of this provision, conform to adjacent fences or walls in height and location, and conform to other provisions of this ordinance. 4625 Alternate Screening Methods An alternate to a required screening fence shall be allowed where the overall effect and reason for requiring the screening fence is met, and the height of a required screening device is consistent with what is identified herein. Such alternates may include, but are not limited to the following conditions: A. Approved combinations of landscaped earthen berms and /or fences and /or walls. B. Construction material and methods which are industry standards or typically used as fencing or screening devices. Alternative screening devices shall be approved by the Department of Community Development. 4630 Construction Standards For Screening Fences And Walls A site plan showing fence or wall location and building material must be submitted for approval. The site plan will be reviewed having due regard for the aesthetic character of the fence or wall in relationship to surrounding property as viewed from a public right -of -way. Such review shall also consider public safety in construction elements as it relates to public and private streets and alleys, and as it relates to on -site and off -site traffic circulation and visibility. Construction standards included in this section are intended for commercial application. A. Minimum Standards For Screening Fences or Walls 1. Fences should not be so close to the ground as to impede normal storm water run -off. 2. The side of the fence opposite the pole side shall face the public right -of -way or adjacent property. 3. Coatings such as stains and paints should be consistent with adjacent fences or walls and /or general aesthetic character of the fence or wall with the neighborhood or as viewed from a public right -of -way. 4. Pickets shall be of lumber designed and intended as fence material, and securely fastened. 5. No barbed wire, broken glass or other products attached to a fence or wall designed or intended to injure shall be placed within six (6) feet of grade. 6. A fence or wall shall be of a height that will accomplish the intent for providing screening. The maximum required height shall be ten feet. 7. Fences and walls in excess of six feet in height shall be required to demonstrate the required wind loading capacity as determined by the Building Official. B. Chain -Link Fence A chain -link fence with or without slats or other inserts shall not be allowed as a screening device to accomplish the intent and purpose of this provision. C. Traffic Visibility Fences or walls shall not hamper traffic visibility and shall conform to provisions contained in the Code of Ordinances as to sight distance. 2. Where property lines intersect a public right -of -way, the height may be required to be reduced to a maximum height of three (3) feet for that portion of the fence located within ten (10) feet of the street right -of -way. D. Signage 1. With the exception of a company sign subject to requirements of section 6700, fence installer's sign, or signs posted to inform the general public of security precautions which exist within the screened area, no fence or wall as described herein, or permitted or required by other ordinance(s), shall be used for the placement of signs, handbills, posters or other advertisement or to hang, mount or otherwise display items, products or merchandise if such can be viewed from a public right -of -way or a residential use or vacant land zoned for residential use or viewed by a land use of a more restrictive zoning classification as defined in Section 3030. I 2. Installer or security signs, where used, may be placed at intervals not less than one hundred feet apart, and shall only be readable by those wishing to inquire as to the installer or to warn those seeking immediate access to the property, and shall not exceed one square foot in size. 3. This provision shall not apply to signs denoting a subdivision such as subdivision name, nor shall it apply to directional signs or informational signs placed by a neighborhood, which may include such signs as Neighborhood Crime Watch, Safe Place or other signs necessary to inform the general public of such public safety programs or activities within the neighborhood or subdivision. 4635 Maintenance Requirement A. After complying with the requirements of this regulation, the owner and each successive owner of the property to which this regulation applies shall maintain the screening device(s) in good condition which includes such elements as a screening fence or wall, landscaped earthen berms, and landscaping used to accomplish the intent and purpose of this regulation, and shall otherwise maintain the property so as to comply with any other requirement of this regulation. B. Where any owner of property to which this regulation applies, fails to reasonably maintain the required screening devices as required by this subsection, the City may issue a written notice and order the owner to repair or replace any man -made screening fence required by this provision which is destroyed, removed, or becomes dilapidated or in disrepair, and require any dead or dying trees or landscape plant materials to be replaced; or require any other action otherwise necessary to abate or correct any condition to meet the requirements of this provision. C. If an existing screening device is not in conformance with the provisions herein, and is replaced due to damage, expansion or for other reason to the extent that fifty (50 %) percent of the area or greater of the existing screen is to be or required to be replaced, the replaced screening device shall conform to provisions established herein as to height, location, construction standards and any other provisions as may be required and consistent with the provisions herein. 4640. Penalties For Violation Any person, firm, association of persons, company or corporation or their agents, servants or employees who fail to provide the necessary screening as defined herein or fail to properly maintain the fence or wall as required herein shall upon conviction of such violations be punished by a fine not exceeding two thousand dollars ($2,000.00). Each violation shall constitute a separate offense, and each day that the violation continues shall constitute a separate offense. . I N 4650 Lighting Requirement All outdoor lighting must be directed away from residential areas. 4670 Additional Setback Additional setback shall be provided non - single - family or non - duplex residential uses in the manner prescribed in this section, where any one of the following conditions occur: A. When these uses are located within an SF -1 or SF -2 zoning district and abut a single - family or duplex residential use, or abut an alley which is adjacent to a single - family or duplex use, no portion of the structure shall be closer to a single - family or duplex property line than the height of that portion, except that the minimum setbacks stated in [subsection] C shall apply. B. When these uses are located outside of an SF -1 or SF -2 zoning district, but abut an SF -1 or SF -2 district boundary line, no portion of the structure shall be closer to the SF -1 or SF -2 boundary line than the height of that portion, except that the minimum setback stated in [subsection] C shall apply. However, when the zoning district boundary line abuts an alley or street right -of -way, the city aqueduct, or a body of water such as Sikes Lake or Wichita River, the additional setback shall be computed by including their width. C. Minimum setbacks: 1. Multifamily dwelling units, townhouses, condominiums, mobile home parks and subdivisions, civic uses, and commercial uses shall be set back at least 30 feet. 2. Heavy commercial uses shall set back at least 50 feet. 3. Heavy industrial uses shall set back at least 100 feet." SECTION 3. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 3rd day of January, 2002. MAYOR ATTEST: MAO) Wiy/ City Clerk