Ord 092-88 8/2/1988 ORDINANCE NO. 92-88
ORDINANCE AMENDING SECTION NO. 2030 AND SECTION
NO. 4220 OF ORDINANCE NO. 38-85, THE ZONING
ORDINANCE, TO AMEND THE DEFINITION OF FENCE AND
TO ALLOW CERTAIN FENCES WITHIN THE FRONT SETBACK
AREA OF SINGLE-FAMILY AND DUPLEX RESIDENTIAL USES
WHEREAS, the Zoning Ordinance currently prohibits structures,
including fences, in the front setback area of single-family and
duplex residential uses; and,
WHEREAS, some owners of properties which are used for single-
family and duplex residences desire to build fences in the front
setback areas of such properties for various reasons, including the
providing of security from prowlers and trespassers, the providing
of a place to enclose small children at play, and/or the beauti-
fying of their property; and,
WHEREAS the City Council finds that, in order to protect the
health, safety and general welfare of the public, the Zoning
Ordinance should prohibit fences in front setback areas of single-
family and duplex residences which prevent a neighbor, who is
driving out his driveway, from seeing approaching traffic, which
provide a place for a criminal to hide from a police patrol car,
which hinder firefighters from getting themselves and their
equipment to a house and from pulling a fire hose to the house,
which could cause injury to a firefighter or police officer who was
attempting to get to a house, which allow a small child to dart out
into the street from behind a solid fence, which blocks the view
corridor down the street, and/or which depreciates residential
property values and causes neighborhood blight because of their
ugly appearance; and,
WHEREAS, the United States Postal Service does not want postal
carriers to have to go into a fenced front yard to deliver mail and
take the serious risk of being attacked by a dog within such fenced
area; and,
WHEREAS, the Planning and Zoning Commission has recommended
that certain types of fences be allowed to be placed in the front
setback areas of single-family and duplex residential lots; and,
WHEREAS, the City Council finds that the ordinance herein
enacted will enable property owners to make reasonable use of
fences in the front setback area, while at the same time protect
the health, safety and general welfare of the citizens; and,
WHEREAS, fences have been constructed until the present time
in the front setback areas of single-family and duplex residential
uses without a clear understanding of the fence regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
• SECTION 1. Section 2030 of Ordinance No. 38-85 is hereby
amended to change the definition of fence to read as follows:
"An artificially constructed structure, which has a height of
more than two ( 2) feet and a depth of less than twelve ( 12) inches,
which is normally erected to enclose an area, to screen an area, to
beautify an area, or to separate two areas of land. "
SECTION 2. The first paragraph of Section 4220 of Ordinance
No. 38-85 is hereby amended so that the first clause shall read as
follows:
"A required setback area shall be kept free of any building or
structure higher than two (2) feet, including carports, except that
buildings, structures or projections shall be allowed as provided
below: "
SECTION 3. Section 4220, Subsection B. of Ordinance No. 38-85
is hereby amended to read as follows:
"B. Fences may project into the front, side and rear
setback areas on all properties except those with single-family and
duplex residential uses. In properties with single-family and
duplex residential uses, fences may project into the side and rear
setback areas; fences may project into the front setback areas if
they meet all of the following criteria:
1. the fence shall have at least fifty ( 50%) percent of
the face area open and free of opaque materials;
2. the fence shall be no more than four ( 4) feet tall;
3. the fence shall not totally enclose all or a part of
the front setback area if the front door of the residence opens
into the enclosed area, unless a Postal Service approved mailbox is
provided outside the enclosure; and,
4. if the fence is located near a street intersection, it
shall conform to Chapter 29, Section 215(g) of the Wichita Falls
Code of Ordinances, as amended, concerning view obstruction. "
SECTION 4. All fences which were constructed prior to August
1, 1988 in the front setback areas of properties with single-family
and duplex residential uses shall be allowed to remain.
PASSED AND APPROVED THIS THE 2nd day of August, 1988.
M A Y O R
ATTEST:
---)k-e /11_-
CITY CLERK
m.
Ad 273085
Affidavit of Publication
ORDINANCE NO.89-88 THE STATE OF TEXAS
AN ORDINANCE CLOSING,VA-
CATING,AND ABANDONING A COUNTY OF WICHITA
FIVE (5) FOOT WIDE UTILITY
EASEMENT IN LOT-20,BLOCK 2,
(p PATTON ADDITION, WICHITA re)
FALLS,TEXAS
ORDINANCE NO.90-88
ORDINANCE TO WAIVE SEC, On this 2 3rd day of August
•
TION 32-21 (J)OF ORDINANCE
75-87 TO SUPPORT A NA- 1 9 8 8
' - TIONAL OPEN HOUSE BY THE
DEPARTMENT OF HOUSING A.D. personally appeared before me, the undersigned authority
• AND URBAN DEVELOPMENT
ORDINANCE NO.91-88 ; Dance Ming
AN ORDINANCE REZONING 'Y bookkeeper
LOTS 8-14, BLOCK 167 AND •
LOTS 1-7, BLOCK 168, ORIG- for the Times Publishing Company.of Wichita Falls, publishers of the Wichita Falls
INAL TOWNSITE, WICHITA j
FALLS, TEXAS, GENERAL
ZONE
COMMERCIAL ZONE TO CEN- Times/Record News, a newspaper published at Wichita Falls in Wichita County,
TRAL BUSINESS DISTRICT
ORDINANCE NO.92-88 Texas, and upon being duly sworn by me, on oath states that the attached
ORDINANCE AMENDING SEC-
TION NO. 2030 AND SECTION. advertisement is a true and correct copy of advertising published
NO.4220 OF ORDINANCE NO. one ( 1 )
38-85, THE ZONING ORDI- in issues thereof on the following dates:
NANCE, TO AMEND THE DEFT-
NITION OF FENCE AND TO August 1 5 , 1 9 8 8
ALLOW CERTAIN FENCES
WITHIN THE FRONT SETBACK
AREA OF SINGLE-FAMILY AND
DUPLEX RESIDENTIAL USES ►
ORDINANCE NO.93-88
AN ORDINANCE MAKING AN
APPROPRIATION FROM THE
WATER AND SEWER FUND TO
ACCOUNT NUMBERS LISTED Bookkeeper for Times Publishing Company
BELOW, AND DECLARING AN
EMERGENCY of Wichita Falls
ORDINANCE NO.94-88
ORDINANCE AMENDING
ARTICLE 1,SECTION 5-1 OF OR- tt
DINANCE 63-85 TO PROVIDEEAL) Subscribed and sworn to before me this the day and year first above written.
THAT DOGS PARTICIPATING IN
•SHOWS, PROGRAMS IN AND
TRAINING PROGRAMS IN AP-
PROVED AREAS SHALL NOT BE
CONSIDERED AT LARGE C/vri"
i
l i O uN LEWIS
(,;s „J ,4ottaay Public,State of Texas
+Z; ; ,r My Comm.Expires 5-17-92 r�yi
RECEIVED I ''' '
CITY CLERK'S OFFICE•
Date ?l,QS/''
By