Ord 28-2018 amending Chapter 46 of Code adding Temporary Storage Units 07/17/2018 Ordinance No. 28-2018
Ordinance amending Chapter 46 of the Code of Ordinances by the
addition of Article VIII, Temporary Storage Units; providing a repealer
clause; providing for inclusion; providing for severability; and
setting an effective date.
WHEREAS, city staff has reviewed this proposal and recommends approval of
these amendments to the Code of Ordinances; and,
WHEREAS, the City Council concurs with city staff's recommendation to amend
the Code of Ordinances at Chapter 46, establishing Article VIII — Temporary Storage
Units for the public health and safety of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Chapter 46 of the Wichita Falls Code of Ordinances is hereby amended
by the addition of Article VIII — Temporary Storage Units, which shall hereafter read as
follows:
ARTICLE VIII. — TEMPORARY STORAGE UNITS
Sec. 46-320. — Definitions.
Residential means a property or lot that contains a residential use or multi-family
residential use.
Temporary Storage Unit means transportable units designed and used primarily
for temporary storage of building materials, household goods, and personal items for
use on a limited basis on a property. This definition does not include those portable
units used in the removal of municipal solid waste or licensed vehicle.
Sec. 46-321 — Temporary Storage Units — General Provisions
(a) A temporary storage unit may be placed on residential property but shall
not be placed on a property for longer than 60 days in a 365-day period, unless used in
conjunction with a building permit. In such event, it shall be permitted to remain for the
duration of the building permit.
(b) Location.
(1) Front, Side, or Rear yard. Temporary storage units shall be located
on an improved surface in a front, side, or rear yard or an area recognized as the
primary driveway serving a residence, but shall not be located in any part of a fire
lane, maneuvering lane, public right-of-way, public sidewalks, visibility triangle,
easements, or impair sight distance.
(2) Multi-Family Residential Property. When placing the unit on a multi-
family residential property, the unit shall be placed on an improved surface as
close as possible to the dwelling using the unit.
(c) The property where the temporary storage unit is located shall contain a
primary residential structure.
(d) A temporary storage unit shall not have a height greater than 9-1/2 feet
nor shall temporary storage units be stacked.
(e) Any unit larger than listed herein will require compliance with all building
codes.
(f) For enforcement purposes, a temporary storage unit observed on the
property is presumed to have been the same temporary storage unit for the entire 60-
day period.
Sec. 46-322 — Criminal Penalty
(a) Any person who violates this article shall, upon conviction of such
violation, be deemed guilty of a Class C misdemeanor and subject to a fine as provided
in section 1-14.
2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
3. It is the intention of the City Council of the City of Wichita Falls, Texas,
that the provisions of this ordinance shall become a part of the Code of Ordinances of
the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered
or relettered to accomplish such intention.
4. Should any word, phrase, paragraph, section or portion of this ordinance
or the Code of Ordinances, as amended hereby, be held to be void or unconstitutional,
the same shall not affect the validity of the remaining portions of said ordinance or the
Code of Ordinances, as amended hereby, which shall remain in full force and effect.
5. This ordinance shall become effective September 1, 2018.
PASSED AND APPROVED this the 17t" day of July, 2018.
MAYOR
ATTEST:
y/ z l ' y
City Clerk
Times Record News
PART OF THE USA TODAY NETWORK
PROOF_OF,PUBLiCATION ORDINANCE NO.28_2018 ORDINA
ORDINANCE AMENDING CHAP- ORDINANCE A
TER 46 OF THE CODE OF ORDI- TER 46 OF THE
NANCES BY THE ADDITION NANCES BY Tt
OF ARTICLE VIIl, TEMPORARY OF ARTICLE Vill,
STORAGE UNITS; PROVIDING STORAGE UNITS; rROV.
A REPEALER CLAUSE;PROVID- A REPEALER CLAUSE;PROVID
ING FOR INCLUSION; PROVID- ING FOR INCLUSION; PROVID
ING FOR SEVERABILITY; AND ING FOR SEVERABILITY; AN[
CITY OF WICHITA FALLS SETTING AN EFFECTIVE DATE. SETTING AN EFFECTIVE DATE
ANY N WHO VIOLATE!
THIS ARTICILE SHALL, UPON THIS ARTI WHO VIOLATES ANY OCLE SHALL, UPON
P 0 BOX 1431 CONVICTION OF SUCH VIOLA- CONVICTION OF SUCH VIOLA.
WICHITA FALLS,TX 76307 TION,BE DEEMED GUILTY OF A TION,BE DEEMED GUILTY OF
CLASS C MISDEMEANOR AND CLASS C MISDEMEANOR ANE
SUBJECT TO A FINE AS PRO- SUBJECT TO A FINE AS PRO-
VIDED IN SECTION 1-14. THIS VIDED IN SECTION 1-14. THIS
ORDINANCE SHALL BECOME ORDINANCE SHALL BECOME
STATE OF WISCONSIN, COUNTY OF BROWN EFFECTIVE SEPTEMBER 1, EFFECTIVE SEPTEMBER 1,
THIS PASSED AND APPROVED 2018. PASSED AND APPROVED
THIS THE 17TH DAY OF DULY,2018. THIS THE 17TH DAY OF JULY,On this August 1, 2018 AD, personally appeared before me,the 2018.
undersigned authority for the Times Publishing Company of
Wichita Falls, publishers of the Wichita Falls in Wichita County,
Texas, and of general circulation in said county, and upon being
duly sworn by me, on oath states that the attached advertisement
is a true and correct copy of advertising published in 1 day (1)
issues hereof on the following date:
August 1,2018
Legal Clerk
Subscribed and sworn to before on August 1,2018:
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Notary,State of WI, Crllnty of Br0 n
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