Ord 78-2006 9/19/2006 .� .
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ORDINANCE NO. 78-2006
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING ARTICLE V, OUTDOOR STORAGE, AND
ARTICLE IV, WEEDS, RUBBISH AND UNSANITARY MATTER, OF
CHAPTER 46, ENVIRONMENT, AND SECTIONS 2000 AND 3540 OF
APPENDIX B, ZONING, OF THE CODE OF ORDINANCES; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the City Council, as part of its 2006-2007 Strategic Plan, has
identified a need to consider an Outdoor Storage Screening Ordinance; and
WHEREAS, the Planning and Zoning Commission has reviewed and
recommended approval of the proposed amendments to Article V, Outdoor Storage and
Sections 2000 and 3540 of the Zoning Ordinance; and
WHEREAS, the Legal Department has recommended amending Article IV,
Weeds, Rubbish and Unsanitary Matter, to include a culpable mental state of
negligence.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The Code of Ordinances, at Chapter 46, Environment, Article V
Outdoor Storage, is hereby amended by adding the following underlined text and
deleting the strikethrough text:
"ARTICLE V. OUTDOOR STORAGE*
Sec. 46-156 Purpose I
The purpose of the outdoor storaqe provisions is to requlate outdoor storaqe and
require fencinq in order to conserve the value of buildinqs and land bv preservinq,
improvinq or enhancing property values� to enhance the attractiveness along street
road and hiqhway corridors� to enhance the economic development climate for those
proposinq or considering the Citv for location or relocation� and to protect and enhance
places and areas of historical and cultural importance.
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Sec.46-� Definitions. �
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Fence means a structure, erected to enclose and screen areas of property, constructed
as required by section 46-162.
Inoperable Motor Vehicle means a vehicle which cannot be driven upon the public
streets for reason including but not limited to beinq wrecked abandoned, in a state of
disrepair or incapable of beinq moved under its own power or not havinq a valid
reqistration and/or inspection attached thereto.
Motor vehicle salvage yard means any outdoor storage yard used for the deposit of
dismantled or junked motor vehicles ��"�^"�� ���°^+���� ��„f;+ fnr .,� �
; or any outdoor storage yard used for the deposit of any discarded
material which has been a part of or is intended to be a part of any motor vehicle.
Outdoor storage means any material, vehicle or equipment that has been used,
d+�;c��e� damaged or partially dismantled and is: �
1. stored outside indefinitely, or
2. held outside as inventory for future sale, processing or use.
Such articles include but are not limited to inoperable motor vehicles or
� motor vehicle parts, appliances, boxes, crates, pipe or pipe fittings, paper,
metal, tires, toys, concrete blocks, bricks, furniture, fixtures, machinery, motors, lumber,
buildings or portions of buildings, building materials, barrels or clothing.
Outdoor storage yard means any parcel or part of land, not within a building, upon
which outdoor storage is located. , , , , , I
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Public right-of-way means a strip of land acquired by reservation, dedication,
prescription or condemnation and used or is intended to be used as a public roadway or I
alley.
Sec. 46-�158. Penalty for violation. �
Any person who negliqently owns, operates, controls, maintains, or leases an outdoor �
storage yard in violation of this article shall, upon conviction of such violation, be
^� � a--#+��—�--P,��+�a--�ra---ses#+efl—a—'�-4- deemed quilty of a Class C I
misdemeanor and subject to a fine as provided in Section 1-14.
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Sec. 46-159. Access to storage yards.
(a) Outdoor storage yards shall be kept and maintained in such a manner that will
not hinder or obstruct firefighting operations. Access to each area of storage and each
building on the premises shall be provided by means of roadways and/or aisles as
required by the fire chief.
(b) Access roadways, when required by the fire chief, shall provide not less than �5 I
20 feet of clear, unobstructed width.
(c) Any access roadway shall be provided with a turning radius of sufficient width to
accommodate firefighting apparatus.
Sec. 46-160. Removal of vegetation.
Areas around or under outdoor storage materials or buildings shall be kept free and
clear of accumulations of grass, weeds, brush or other uncultivated vegetation.
Sec.46-161. Burning.
The vv+l�ft�1-intentional burning of outdoor storage material is prohibited. �Ee-et�ee�e
Frnm �ho firo rJor��rfmor+�
Sec.46-162. Fencing.
(a) Every outdoor storage yard created after September 19, 2006, shall have aa�
a��r�ve�-fence or other approved screening as herein defined installed and maintained
to obscure the view of the outdoor storacle from any adjacent land or riqht-of-way. a�d
ho �n ��Ile�r) in �ho fnlln�eiinn In���inno �o � minim� im ron� �iromon�
��. w�� v�c^a'cro ... .,... ... � . � .. .. � . . ... � . . . ...� ..... ... � . � ... . ..
(b) Every outdoor storage yard existinq prior to September 19, 2006, and leqally
authorized under Appendix B Zoninq, and where such land with contiquous ownership
containinq the outdoor storage is within 200 feet of the propertv line of a residence or
residential zoninq boundarv shall install and maintain a fence to obscure the view of
the outdoor storage from any adjacent land or riqht-of-way.
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,�{-�-} Fences, as required by subsection (a) and b of this section, shall comply with �
the following requirements:
(1) Fences shall be sheathed with boards, slats, metal, or other approved
materials, securely nailed or attached to supports, which will provide an
effective visual screen. Transparent or translucent sheathing materials
shall not be permitted.
(2) Sheathing material for screening shall extend u�at least six feet tall. �
(3) A building permit and an inspection, shall be obtained from the building
inspections division prior to construction for any proposed fence . rc�eater
than 6-foot tall. Written plans and specifications must be submitted at the
time of the permit application.
(4) Earthen berms evergreen veqetation trees and shrubberv may be used
to meet the screening requirement provided that such material meets the
intent of this ordinance and such material is aqproved bv the Director of
Community Development or his/her desiqnee. '^ ^^ ^^°° c"-� ���"�
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(5) Sheathing materials, posts, rails or any other fencing construction
materials shall be naturally weather resistant or shall be painted or
finished to resist decay or rust. Materials andlor paint shall be of uniform I
color and pattern. Fences or acceptable alternatives, shall be maintained
by repair, painting, or replacement as necessary to maintain stability,
screening and weather resistance and decay resistance. The use of used
or salvage materials shall be prohibited unless specificallv noted on plans
and approved bv the Director of Communitv Development or his/her
desiqnee.
(6) Chain link fences modified by the insertion of slats made of solid and I
durable materials into all spaces may be permitted if such svstem meets
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the intent of this ordinance. Such acceptable materials shall be uniform in
strenqth, material, and color.
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�{s� Gates, normally used for access to the outdoor storage yard, r��are not �e
required to provide a solid screen. �f „^ti °^r°°^�^^ °�^°n+;^^ ;° °"^,•,°�+, +The s�e
outdoor storage yard immediately behind and perpendicular to such gate, to a distance
of a least 30 feet, shall be kept clear of all storage materials. Unscreened qates shall
be no wider than 20 feet.
�{�j Buildings that are used for normal operation of the business, such as storage,
sales or office buildings, �a�}-are not �required to be fenced; however, materials �
shall not be stored in front of or to the side of such buildings so as to be open to public
view, except that the incidental outdoor display of commodities for retail sale �y�eis
permitted_ .
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(fl Areas not required ta fence
Outdoor A��areas of land used for the et�ae� storage or display of materials or
vehicles incidental to the principal activity of a business shall not be required to comply
with this section if such areas +s-are included as one of the following uses: �
(1) New or used automobile and related vehicle sales lots, authorized by a
state motor vehicle dealer license.
(2) Storage yards incidental to the on-site sale of new building materials, new
heavy machinery, new farm equipment, new nursery products, new mobile
homes, new boats or new trailers.
(3) Storage yards for supplies and/or raw materials necessary to the on-site
manufacturing, fabrication or assembly of finished products, if kept in a I
neat and orderly fashion.
1�11 (`nntr�+nt�ro� otnrono nr om �ir�mon� ���rrJc I
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(-�}� Parking areas for operable equipment, vehicles and trailers incidental to a I
rental or construction businesses.
�� Parking areas for vehicles incidental to transportation and hauling �
activities of commercial businesses and governmental entities.
�}� Parking areas for operable motor vehicles awaiting service at auto repair �
or auto body shops.
�7) Used merchandise that is associated with a retail business, displayed
durinq business hours.
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(q� �utdoor storaqe yards located in the Liqht Industrial (LI) and Heavy Industrial
Zoninq (HI) districts are exempt from the requirements of Chapter 46 Article V, Section
162(b), Outdoor Storage until one year from the date of the adoption of this ordinance,
at which time outdoor storaqe yards shall be requlated by all the provisions of this
ordinance.
�h) Where it has been determined that site constraints exist that mav limit the abilitv
of a particular site to conform to the requirements herein, the Director of Communitv
development or designee shall evaluate the abilitv of a proposal to come into
conformance with requirements herein by considerinq constraints to that abilitv. If the
proposal will not entirely fulfill the requirements herein the Director or desiqnee may
instruct that a proposal be presented which strives to maintain the intent of this section
to the best of its abilitv. Such alternate proposal shall_be approved bv the Director or
desiqnee. An appeal the Director's decision may be made to the City Council.
(i) Any exemption referenced in subsections (d) throuqh (h) of this section shall not I
be construed as authority to violate or set aside any other requirement of this article.
Sec. 46-163. Storage on public right-of-way.
No storage material shall be kept or stored upon a public right-of-way.
SECTION 2. The Code of Ordinances, Chapter 46 Environment, Article IV
Weeds, Rubbish and Unsanitary Matter, Section 46-126 Removal, is hereby amended
by adding the following underlined text and deleting the strikethrough text:
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�c) A culpable mental state of negliqence is required for the commission of an offense
under this article.
SECTION 3. The Code of Ordinances, Appendix B Zoning, Section 2000,
Definitions, is hereby amended by adding the following underlined text and deleting the
strikethrough text. New definitions to be placed in their proper alphabetized order:
Section 2000 Definitions
Outdoor storage. Any material, vehicle or equipment that has been used, �+��
damaged or partially dismantled and is_
1. stored outside indefinitelv, or
2. held outside as inventory for future sale, processing or use.
Such articles include but are not limited to inoperable , motor vehicles or
� motor vehicle parts, appliances, boxes, crates, pipe or pipe fittings, paper,
metal, tires, tovs, concrete blocks, bricks, furniture, fixtures, machinery, motors, lumber,
buildings or portions of buildings, building materials, barrels or clothing.
Mofar vehicle sa/va.ge yard. Anv outdoor storaqe yard used for the deposit of
dismantled or iunked motor vehicles or any outdoor storaqe yard used for the deposit of
anv discarded material which has been a part of or is intended to be a part of anv motor
vehicle.
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SECTION 4. The Code of Ordinances, Appendix B Zoning, Section 3540
Conditional Uses, is hereby amended by adding the following underlined text and
deleting the strikethrough text.
3540 Conditional Uses
The following uses are permitted in the LI district subject to the approval process in
Section 7200
- Airport
- Communications Towers and Antennas as regulated by Section 5910
- Community Residential Center
- Exterminating Services, With on-site chemical storage
- Fuel & Chemical Storage
- Landfill
- Mining & Excavation
- Motor Vehicle Salvaqe Yard subject to Chapter 46 Environment, Article V.
Outdoor Storage Wichita Falls Code of Ordinances, as amended
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- Slaughter House & Meat Packing
- Stockyards
- Halfway House
SECTION 5. 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 19 day of September, 2006.
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ATTEST:
�ty ler
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Affidavit of Publication
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ORDINA �rN�� THE STATE OF TEXAS #169389
C1TY �OUNCIb OF-:c COUNTY OF WICHITA
THE CIT1E OF WICHI-.;
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OF ORDINA��rAR •a, t6
P R O Y I N 6 w H o� e On this 10 day of October 2006 A D...
SAIE, 1ME�TER RATES ''
Fa � Go��rq�e� wx,: personally appeared before me, the undersigned authority
TER Gl1STOMER$, 1
D E C L A tt I N 6"' A N° KAt}ly SAIAII� Sales Assistant for the Times Pubtishing
EMERGEN6Y
pRpINANG� NC3. ; Company of Wichita Falls, publishers of the Wichita Falls
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oao�NAr�ce b,� fiHE. Times/Record News, a newspaper published at Wichita Falls in
T� F a t �;s. . T� x A s,,, Wichita County, Texas, and upon being duly sworn by me, on
oath states that the attached advertisement is a true and
AGE, AND. ARTICLE ' COI'C@Ct CO of advertisin ublished in One 1 issues hereof
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T'o"s. 2°°� �r�� as4°' October 8 2006
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RATE5 tN THE CaTY;'
OF WICHITA FAtLSt ,
Sales Assistant for Times Publishin Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
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