Ord 32-2008 6/3/2008 ORDINANCE NO. 32-2008
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES, APENDIX B
ZONING, SECTION 4600 SCREENING REGULATIONS, SUBSECTION
4615 EXCEPTIONS; 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
recommends the proposed amendment to Section 4615 of the Zoning Ordinance; and
WHEREAS, the City Council concurs with the Commission's recommendation to
amend Section 4615 of the Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City of Wichita Falls Code of Ordinances, Appendix B Zoning,
Section 4615 Exceptions, is hereby amended by adding the following underlined text:
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.
. ti
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. 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. 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. Receipt of written objection to the construction of a screening device from a
majority of the affected property owners.
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.
G. When such uses are part of a public park, or private uses that contain an area
that is dedicated for use as a playground or park and is available to the public
during non-business hours.
SECTION 2. 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 June, 2008.
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Clerk
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Affidavit of Publication
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ORDINANCE "OF THE
CITY COUNCfI OF
THErCITY OF WICHI-
1A FALLS,.rEXA'�, ��
AMENDING .. THE
C0D'E O� �'•OR4I='
�IANCES,.APPENDIX'
B ZONING;'SECTION
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