Ord 002-2002 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.
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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