Ord 088-2005 11/1/2005ORDINANCE NO. a--ac-
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING THE ZONING ORDINANCE AND THE
SUBDIVISION ORDINANCE TO ALLOW THE PLANNING AND ZONING
COMMISSION TO REVIEW THE MINIMUM SETBACK REQUIREMENTS
WHEN COMMERCIAL ESTABLISHMENTS DEVELOP NEXT TO
SINGLE FAMILY RESIDENTIAL OR DUPLEX USES WITHIN NON -
SINGLE- FAMILY ZONING DISTRICTS; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, a citizen has requested that the Planning and Zoning Commission
(P & Z) and the City Council to reconsider the issue of the required 30 -foot setback for
non - residential developments when developing next to residential or duplex uses within
commercial zoning districts; and
WHEREAS, the Planning staff has recommended that the Zoning Ordinance and
the Subdivision Ordinance be amended to allow a possible lesser setback with Planning
and Zoning Commission review under the conditional use process; and
WHEREAS, the Planning and Zoning Commission has also recommended that
the Zoning Ordinance and the Subdivision Ordinance be amended to allow a possible
lesser setback with Planning and Zoning Commission review under the conditional use
process, and the City Council concurs with the P & Z's recommendation and deems the
amendments in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . Code of Ordinances, Appendix B Zoning, Section 4670 Additional
Setback, is hereby amended by adding the following underlined text:
"4670 Additional Setback
Additional setback shall be provided by 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 a 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 single-
family or duplex property line than the height of that portion, except that the
minimum setbacks stated in C shall apply.
B. 1. When these uses are located outside of a 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 a SF -1 or SF -2 boundary line than the height of that
portion, except that the minimum setback stated in 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.
2. When uses are located outside of a SF -1 or SF -2 zoning district, but abut
a single - family or duplex use, no portion of the structure shall be closer to
the nearest property line of the single - family or duplex use than the height
of that portion, except that the minimum setback stated in C shall apply.
In these cases a lesser setback, that does not violate building code
requirements or minimum setbacks as established in Appendix A
Comprehensive Subdivision Ordinance, may be granted by the Planning
and Zoning Commission through the conditional use process as outlined
in Section 7200.
C. Minimum Setbacks:
1. Multifamily - family dwelling units, townhouses, condominiums, mobile
home parks and subdivisions, civic uses, and commercial uses shall be
set back at least 30 ft.
2. Light industrial uses shall set back at least 50 ft.
3. Heavy industrial uses shall set back at least 100 ft."
SECTION 2 . Code of Ordinances, Appendix A, Comprehensive Subdivision
Ordinance, Section 6.10, Lots and Setbacks, Subsection G, Setbacks within level one,
Exception to setbacks herein, is hereby amended by deleting the following text denoted
as strikethrough and adding the following text as shown underlined:
"Exception to setbacks herein
1. The Planning Division may consider reducing the setback by using
the average front setback on that side of the block. Such
consideration will be determined by considering age, condition and
use of adjacent structures, degree of nonconformity, and other
situations or conditions that may exist.
2. Where setbacks exists within a block that are greater than required
herein or under Appendix B of the Code of Ordinances, the
Planning Division may require that a setback conform to the
greatest extent practical with structures within the block to maintain
the appearance and function within the block.
3. On a corner lot, having a width of less than 60 feet, a residence
may be constructed as follows:
a. Exterior side setback — The setback shall be the average
exterior side setback of the existing primary residential
structures adjacent to the front and rear of the subject lot.
b. Front setback — The front setback shall be the average
front setback of the two nearest primary structures on the
same block not separated by a public street."
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 1 5t day of November, 2005.
MAY R
ATTEST:
/ c
ity Clerk