Ord 19-2019 Amending Code of Ordinances Appendix B Zoning 6/4/2019
Ordinance No.19-2019
Ordinance amending the Code of Ordinances, Appendix B: Zoning, for
an amendment to: Section 2030 - Definitions related to the creation of
three distinct Planned Unit Development (PUD) districts and updating
of other terms; Section 3000- Zoning District Types and Regulations
regarding the submittal and approval process for Planned Unit
Developments while lowering the minimum acreage required to
expand flexibility of and for potential planned unit development;
Section 4220 Projections and Structures Allowed in Setback Areas
allowing carports to be constructed a set distance within the required
front and exterior side yard setbacks without a conditional use permit
to increase administrative efficiency and services to residents of
Wichita Falls; providing a repealer clause; and providing for inclusion
WHEREAS, the city staff has reviewed this proposal and recommends approval of
these amendments to the Code of Ordinances; and,
WHEREAS, the Planning and Zoning Commission and City Council concurs with
ppendix B Zoning,
Sections 2030, 3640, 3650, 3670, 3680, 3690 and 4220 for the life, health and safety of
its residents;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Definitions Maintenance.
The following section of Appendix B of the Wichita
Falls Code of Ordinances is hereby amended with various revision and
additions to definitions including those relating to the creation of Planned Unit
Development classification are amended as follows:
\[Sec.\] 2030. - Terms defined.
Abutting. Having adjoining or common boundaries.
Accessory building. A building for a use which is subordinate in area,
extent, or purpose to the use of the principal building, such a use is customarily
found in connection with the main building.
Accessory dwelling. A detached unit accessory to a principal use on the
same site.
Accessory use. An accessory use is one which:
(a) Is subordinate to and serves a principal use; and
(b) Is subordinate in area to the principal use served; and
(c) Is located on the same lot as the principal use (see section 6500).
Accident Potential Zone I (APZ I). An area of accident potential and noise
located beyond the clear zone of each runway.
Accident Potential Zone II (APZ II). An area of accident potential and noise
located beyond APZ I of each runway.
Addition. Any construction which increases the size of a building or
structure in terms of site coverage, height, length, width, or gross floor area.
Administrative appeals. An appeal of the interpretation of an administrative
decision of the building official to the board of adjustment (see section 7400).
Adult entertainment and sexually oriented commercial establishments.
Specifically defined as adult bookstores, adult motion picture theaters,
businesses or enterprises which offer nude human modeling for a consideration,
and businesses or enterprises that offer for consideration, physical contact
between persons when one or more of such persons are nude or seminude, as
defined in section 5500.
Agent of owner. Any person who can show certified or written proof that
he is acting for the property owner.
Agricultural equipment sales and services. Firms which sell or service
large agricultural equipment, including tractors, large farm implements and
irrigation equipment which require outdoor storage.
Agricultural uses includes farming, stabling animals, raising animals,
excluding hogs, and keeping animals in kennels.
AICUZ. Air Installation Compatible Use Zone.
Airport. The Sheppard Air Force Base/Wichita Falls Regional Airport
and/or Kickapoo Downtown Airport. \[Pertains to airport zoning.\]
Airport elevation. The established elevation of the highest point on the
usable landing area measured in feet from mean sea level. This elevation has
been established at the Sheppard Air Force Base/Wichita Falls Regional Airport
as 1,015 feet above mean sea level. The elevation for Kickapoo Airport has been
established at 998 feet above mean sea level.
Airport hazard. Any structure, tree or use of land which obstructs the
airspace required for the flights of aircraft or which obstructs or interferes with the
control or tracking and/or data acquisition in the landing, taking off or flight at an
airport or at any installation or facility relating to flight and tracking and/or data
acquisition of the flight craft; or which is hazardous, interfering with, or
obstructing such landing, taking off or flight of aircraft; or which is hazardous to or
interferes with tracking and/or data acquisition pertaining to flight and flight
vehicles.
Airport hazard area. Any area of land or water upon which an airport
hazard might be established if not prevented as provided herein.
Airport reference point. "Airport reference point" shall means the point
established as the approximate geographical center of the airport landing area.
Alcoholic beverage sales and service. (See section 5400.)
Alley. A service way providing a secondary means of public access to
abutting property and not intended for general traffic circulation.
Alteration. Any construction or physical change in the internal
arrangement of rooms or the supporting members of a building or structure, or
change in relative position of buildings or structures on a site, or substantial
change in appearance of any building or structure.
Antenna. An "antenna" shall be an attachment to a tower or other
structure used to transmit, receive, reflect or is otherwise associated with
wireless communications.
Apartment. (See Dwelling, multifamily.)
Approach surface. \[The term\] "approach surface" shall be a surface
longitudinally centered on the airport centerline, extending outward and upward
from the end of the primary surface and at the same slope as the approach zone
height limitation slope set forth under \[section\] 6400. In plan, the perimeter of the
approach surface coincides with the perimeter of the approach zone.
Approach, transitional, horizontal, and conical zones. Zones or imaginary
surfaces as set forth under \[section\] 6400.
Art gallery/museum. An institution for the collection, display and
distribution of objects of art, history and science.
Automobile sales and services. The use of any building, land area or other
premises for the display, rental or sale of new or used automobiles, including any
warranty repair work and other repair service conducted as an accessory use.
Automobile service station. Any building, land area or other premises or
portion thereof, used or intended to be used for the retail dispensing or sales of
vehicular fuels; and including as an accessory use the sale and installation of
lubricants, tires, batteries, and similar accessories.
Automotive repair services. Repair of automobiles, noncommercial trucks,
motorcycles, motor homes, recreational vehicles, or boats, including wheel and
brake shops, body and fender shops, and similar repair and service activities, but
excluding dismantling or salvage.
Awning. A roof-like cover, temporary in nature, extending from the wall of
the building/structure, over an area to provide shade and/or shelter. The awning
shall be entirely supported by the exterior wall of the building, with no
independent means of support.
Basic industry and manufacturing. A use engaged in the basic processing
and manufacturing of materials or products predominantly from extracted or raw
materials, or a use engaged in storage of, or manufacturing processes utilizing
flammable or explosive materials, or storage or manufacturing processes which
potentially involve hazardous or commonly recognized offensive conditions.
Base Zoning. Zoning districts in existence as approved by City Council.
Bed and breakfast homestay. (See section 5700.)
Bed and breakfast inn. (See section 5700.)
Board of adjustment. An officially constituted body whose principal duties
are to grant variances from the strict application of this zoning ordinance. (See
section 7800.).
Boardinghouse. A dwelling, or part thereof, in which lodging is provided by
the owner or operator to more than three boarders.
Boat sales and services. The uses of any building, land area or other
premises for the display and sale of new or used boats, including any warranty
repair work and other repair service as conducted as an accessory use.
Buffer areas. A strip of land identified on a site plan or by zoning
ordinance, established to protect one type of land use from another land use
which is incompatible. Buffer \[area\] zones may be zoned or shown on a site plan.
Normally, a buffer zone is landscaped and kept in open space uses.
Buffering. Separating one use from another to shield or block noise, lights,
or other nuisances.
Building. Any structure designed, built, or intended for the shelter or
enclosure of persons, animals, chattels, or movable property of any kind, or for
an accessory use. When separated by an absolute fire separation, each portion
of such structure so separated shall be deemed a separate building. This
definition shall include the structures wholly or partly enclosed with an exterior
wall.
Building line. A line parallel or approximately parallel to the street line at
\[a\] specified distance, marking the minimum distance from the street line that a
building may be erected. For existing buildings, the building line shall be the
exterior wall or omitted wall line which is closest to the street. (See section 4200.)
Building official. The building official of the City of Wichita Falls, Texas.
Business and trade schools. A higher education facility primarily teaching
usable skills that prepare students for jobs in a trade.
Bus station. Any premises for the transient housing or parking of motor-
driven buses and the unloading and loading of passengers.
Carport. A roofed space, one story in height, covered with a flat or hipped
roof and ordinarily used as a shelter under which vehicles are parked.
Car wash. A building or portion thereof containing facilities for washing
automobiles.
Cemetery. A place dedicated to and used and intended to be used for the
permanent interment of the human dead. It may be a mausoleum for vault or
crypt interment, crematory, or combination.
Centerline. A line extending through the midpoint of each end of a runway.
Centerline, streets or alleys. A line erected midway between the bounding
right-of-way lines of \[a\] street or alley. Where the bounding right-of-way lines are
irregular, the centerline shall be determined by the city engineer.
Change of use. The replacement of an existing use by a new use, or a
change in the nature of an existing use, but not including a change of ownership,
tenancy, name, or management.
Clinic. An institution or station for the examination and treatment of ill and
afflicted outpatients by a physician or group of physicians.
Club. A building or portion of a building, together with the grounds and
related facilities, used primarily by an association, its members, and their guests
for social, fraternal, or recreational purposes. (This definition does not include
private clubs as defined by the Texas Alcoholic Beverage Code; see section
5400.)
Coin-operated amusement machine. Any machine or device of any kind or
character which is operated by coins, tokens, slugs, bills, credit or debit cards, for
the purpose of dispensing or affording amusement, skill, pleasure, or redemption
as allowed by state law. This definition shall include, but not be limited to, arcade
games, video arcade games, pinball machines, and billiard tables with or without
coin operation. This definition does not include service coin-operated machines
such as pay toilets and pay telephones, food or beverage vending machines, or
an amusement machine designed primarily for the entertainment of a child.
Coin-operated amusement machines establishment. An establishment
where 50 percent or more of the gross floor area accessible to patrons is
dedicated to the use and operation of coin-operated amusement machines, as
defined herein. This definition shall include, but not be limited to, arcades, pool
halls, and similar facilities.
College and university. An academic institution of higher learning,
accredited or recognized by the state and offering a program or series of
programs of academic study.
Co-location. To affix additional antennas on an existing tower that may
include the placement of support ground equipment.
Commission. "Commission" shall be the Planning and Zoning
Commission.
Common open space. A parcel or parcels of land, or an area of water or
combination of land and water within a site designed and intended for the use
and enjoyment of a defined group of residents and owners (e.g., of a planned
development project). Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the benefit
and enjoyment of residents and owners. (See section 4450.)
Communications tower. A "communications tower" shall mean and include
all structures and accessory facilities relating to transmitting, receiving, reflecting
or any other event or action associated with the use of the radio frequency
spectrum or other frequencies associated with wireless communications. This
may include, but shall not be limited to, radio towers, television towers, telephone
devices and exchanges, microwave relay facilities, telephone transmission
facilities, and private and commercial mobile radio service facilities. A
communications tower may include, but \[is\] not limited to, any of the following
structures, singularly or in concert:
a. A lattice tower.
b. Stealth towers, where a tower is concealed within another structure.
c. A cylindrical steel structure, sometimes referred to as monopole, similar in
appearance to a light pole, used to support antennas.
Community residential center. A publicly or privately operated use
providing housing and care for individuals legally confined. Such use is
historically described to include, but not limited to, prisons, jails, boot camps and
similar uses.
Compatible land use. Includes any use of land adjacent to an airport that
will protect the owners, occupants or users of the land from levels of noise or
vibrations created by the operations of the airport, including the taking off and
landing of aircraft, that may endanger the health, safety or welfare of the owners,
occupants or users of the land and protect airport users from airport hazards.
Comprehensive plan. A comprehensive long-range plan intended to guide
the growth and development of a community or region and one that includes
analysis, recommendations and proposals for the community's population,
economy, housing, transportation, community facilities and land use.
Conditional use. (See section 7200.)
Condominium. A building, or group of buildings, in which units are owned
individually, and the structure, common areas and facilities are owned by all the
owners on a proportional, undivided basis.
Conical surface. A "conical surface" means a surface extending outward
and upward from the periphery of the horizontal surface at a slope of 20 to one
for a horizontal distance of 4,000 feet.
Contiguous. Next to, abutting, or touching and having a boundary, or
portion thereof, which is coterminous. (See Abutting.)
Contractors' yards. Yards with outdoor storage of equipment and material
used by contractors.
Convalescent services. A use providing bed care and in-patient services
for persons requiring regular medical attention, but excluding a facility providing
surgical or emergency medical services, and excluding a facility providing care
for alcoholism, drug addiction, mental disease, or communicable disease.
Convenience store. A retail establishment in which goods requiring no
processing are normally bought in small lots in which accumulation and checkout
time is minimal. Gasoline may be sold as an accessory use.
Convention center. A building or portion thereof designed to accommodate
the assembly of large numbers of people.
Conversion. A change in the use of land or a structure.
Cul-de-sac. A turnaround at the end of a dead-end street.
Curb. A stone or concrete boundary usually marking the edge of the
roadway or paved area.
Curb cut. The opening along the curbline at which point vehicles may
enter or leave the roadway.
Day care center, commercial. Same as Day care center, limited, but not
limited to a maximum of six individuals.
Day care center, limited. A facility or use of a building or portion thereof
that provides care for less than 24 hours a day for six or fewer individuals. Care
for an additional six individuals may be provided if the facility qualifies as a
registered family home or group day care home as permitted by the Texas
Department of Human Resources. This term includes nursery schools,
preschools, day care centers for children or adults and similar uses but excludes
public and private primary and/or secondary educational facilities. (Note: If facility
is operated as a home occupation, see section 5100 for additional restrictions.)
Deed. A legal document conveying ownership of real property.
Deed restriction. (See Restrictive covenant.)
Density. The relationship of dwelling units or rooms to the area of the lot or
tract upon which a residential structure is located or erected.
Discontinuance of use. To cease or discontinue a use or activity,
excluding temporary or short-term interruptions to a use or activity during periods
of restoring, remodeling, maintaining, or otherwise improving a facility, or normal,
seasonal cessation of a use, or other temporary cessation resulting from a
change of use.
Donation box. Any box, container, building, enclosed trailer, or other
receptacle that is intended for use as a collection point for donated clothing or
other donated household materials.
See Exh. A: Donation boxes; Zoning Districts Map, following \[Sec.\] 3610.
Drive-through/drive-in use. An establishment which by design, physical
facilities, \[or\] service, encourages or permits customers to receive services,
obtain goods, or be entertained while remaining in their motor vehicles.
Driveway. A permanently surfaced (asphalt, similar surfaces, or other
previously approved similar surface) area providing vehicular access between a
street and an off-street parking or loading area.
Dwelling, duplex or two-family. A building containing two dwelling units
joined at one or more sides by a party wall, roof or abutting separate walls, each
having a single front entrance and being otherwise indistinguishable from a one-
family dwelling in exterior appearance.
Dwelling, multifamily. A building containing three or more dwelling units.
The term includes cooperative apartments, condominiums, and the like. For the
purpose of these regulations, regardless of how rental units are equipped, any
multifamily dwelling in which units are available for rental periods less than one
week shall be considered a hotel.
Dwelling, single-family attached. (See Dwelling, duplex or two-family.)
Dwelling, single-family detached. A dwelling designed and constructed for
occupancy by one family and located on a lot or separate building tract.
Dwelling unit. A residential unit other than a mobile home providing
complete, independent living facilities for one family, including permanent
provisions for living, sleeping, eating, and cooking.
Dwelling, zero lot line. A dwelling which is located on a lot where the
building limit line on one side is zero. (See section 5200.)
Easement. A privilege or right of use or enjoyment granted on, above,
under, or across a particular tract of land by the owner.
Eaves. The lower borders of a roof that overhang the wall.
Exterminating service. Services related to the eradication and control of
rodents, insects, and other pests with incidental storage on lots other than where
the service is rendered.
Fabrication and assembly. The manufacturing from standardized parts of
a distinct object differing from the individual components.
Facade. The exterior wall of a building exposed to public view or that wall
viewed by persons not within the building.
Factory-built house. A dwelling unit that is constructed and assembled at a
factory and transported to the building's site and placed on a prebuilt foundation.
Family. Any number of individuals related by blood, marriage or adoption;
or any number of individuals not related by blood, marriage or adoption living
together and who meet the indicias for a functional and factual family equivalent.
Fence. A structure erected to enclose and screen areas of property.
Fence, privacy. A fence constructed of masonry and/or wood having a
minimum height of six feet.
Firearm. Any device, designed to be used as a weapon or modified to be
used as a weapon, from which a projectile is expelled through a barrel by the
force of an explosion or other form of combustion.
Flea market. A collection or group of outdoor stalls, booths, tables or other
similar arrangement, used by individual vendors, for the display and sale of
various items of new or used merchandise. The hours of operation for flea
markets shall be limited to no earlier than 6:00 a.m. and no later than 12:00
midnight. All merchandise for sale shall be displayed in an approved all-weather
structure, or may be temporarily displayed in the open air for a period not to
exceed 72 consecutive hours.
Floor area. The total square footage of all floors in the building measured
to the outside faces of exterior walls or to the line of an omitted wall, whichever
includes the largest area.
Floor area ratio. The ratio between the total square feet of floor area and
the total square feet of land in the lot.
Fraternity or sorority house. A dwelling or dwelling unit maintained
exclusively for fraternity or sorority members and their guests or visitors and
affiliated with an academic or professional college, university or other institution
of higher learning.
Freight hauling. Establishments engaged in undertaking the transportation
of goods from shippers to receivers for a fee.
Frontage, lot. (See Lot frontage.)
Frontage, streets. The length of all property on one side of a street
between two intersecting streets measured along the line of the street, or if the
street is a dead end, then the length of all property abutting on one side between
an intersecting street and the end of the dead-end street.
Front yard, residential. An area defined as the area across a lot bounded
by the front lot line, the front yard line, and the side lot lines.
Fuel and chemical storage. Storage in above ground containers for
subsequent resale to distributors or retail dealers outlet.
Funeral home. A building used for the preparation of the deceased for
burial and the display of the deceased and ceremonies connected therewith
before burial or cremation.
Garage sales. Periodic sale of used merchandise conducted at a
residence. (See section 5130.)
Grade. The average elevation of the highest and lowest elevation
measured at the finished surface of the ground at any of the exterior corners of
the building or structure.
Group homes. A residential living arrangement defined in the Community
Home for Disabled Persons Location Act, licensed by the state to provide food
and shelter; personal guidance; care; supervision for not more than six disabled
persons and two supervisors. This classification includes assisted living for the
aged for no more than six persons and two supervisors or nursing personnel.
This does not include activities defined under Personal care home.
Habitable. "Habitable" shall refer to housing units that have windows and
doors installed, do not have holes in the exterior sides, roof or flooring of the unit,
are not boarded up, and meet the city's minimum housing standards, as may be
amended.
Habitable Space. Those spaces within the exterior walls of a dwelling
which are intended for living purposes which include sleeping, eating, cooking,
recreation, or a combination thereof, excluding areas in any accessory structure
attached to any dwelling (i.e. garage, storm shelter, unfinished basement).
Halfway house. A publicly or privately operated use providing housing for
juveniles or adults, regardless of the number of residents, for any of the following:
(1) Residence in lieu of institutional sentencing;
(2) Housing for parolees;
(3) Residence to those needing correctional institutionalization.
Hazardous material. Includes, but is not limited to, inorganic mineral acids
of sulphur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and
arsenic and their common salts; lead, nickel and mercury and their inorganic
salts or metallo-organic derivatives; coal, tar acids such as phenol and cresols
and their salts; and all radioactive materials.
Hazard to air navigation. An obstruction determined to have \[an\] adverse
effect on the safe and efficient utilization of the navigable airspace.
Heavy machinery sales and service. A building or open area, other than a
public parking area or right-of-way used for the display, sale, rental and storage
of heavy equipment.
Height. (See section 4300.)
Height. For the purpose of determining the height limits in all zones set
forth in this provision and shown in the AICUZ study, zoning ordinance or maps,
the datum shall be mean sea level elevation unless otherwise specified. \[Pertains
to airport zoning.\]
Historic district. A geographically definable area which possesses
significant concentration, linkage, or continuity of buildings, structures, sites,
areas, or land, which in turn are united by architectural, historical, archaeological,
or cultural importance or significance.
Home occupation. (See section 5100.)
Homeowners' association. An incorporated nonprofit organization
operating under recorded land agreements through which:
a) Each lot owner in a planned development or other described land area is
automatically a member; and
b) Each lot is automatically subject to a charge for a proportionate share of
expenses for the organization's activities, such as maintaining common property.
Horizontal surface. A "horizontal surface" is a plane 150 feet above the
established airport elevation, the perimeter of which in plan coincides with the
perimeter of the horizontal zones.
Hospital. A hospital is a legally authorized institution in which there are
complete facilities for diagnosis, treatment, surgery, laboratory, X-ray, and the
prolonged care of bed patients.
Hotel. An establishment where lodging is provided for compensation other
than in dwelling units. Unless otherwise specified by district regulations, hotels
may serve meals to both occupants and others. For purposes of these
regulations, the term "hotel" shall be construed to include a motel.
Imaginary surface. An "imaginary surface" shall include an approach or
departure zone or surface, transition, conical or horizontal zones or surfaces as
defined herein.
Indoor sports and recreation. Uses conducted within an enclosed building.
Typical uses include bowling alleys, ice and roller skating rinks, and indoor
racquetball courts. See section 5905 for coin-operated amusement machines
establishment regulations.
Industrial park. A large tract of land that has been planned, developed and
operated as an integrated facility for a number of individual industrial uses, with
special attention to circulation, parking, utility needs, aesthetics, and
compatibility.
In-fill housing: "In-fill housing" shall be housing installed or built on a lot
which may have been previously occupied by another structure, and/or which
may be located within an area occupied by other housing units.
Instrument runway. Existing or planned runway(s) of at least 4,000 feet for
which there is or is planned to be an instrument landing procedure published by a
defense agency of the federal government or by the Federal Aviation
Administration.
Internal circulation pattern. Streets and access ways within a site.
Kennel. Any premises, except where accessory to an agricultural use,
where six or more dogs, cats, or other domesticated pets are kept. (See Chapter
14, Wichita Falls Code of Ordinances.)
Landfill. An area of land used for solid waste disposal in which refuse is
buried underground between layers of dirt or fill material.
Landing area. The surface area of the airport used for landing, take-off or
taxiing of aircraft
Landmark. (See section 6300.)
Landowner. Shall mean the legal or beneficial owner or owners of the
land. The holder of an option or a purchase contract by other persons having an
enforceable proprietary interest in such land shall be deemed to be a landowner
for the purpose of this ordinance.
Landscape. An expanse of natural scenery or the addition of lawns, trees,
plants, and other natural and decorative features to land.
Land use. A description of how land is occupied or utilized.
Land use plan. A plan showing the existing and proposed location, extent
and intensity of development of land to be used in the future for varying types of
residential, commercial, industrial, agricultural, recreational, educational and
other public and private purposes or combination of purposes.
Library, public. A collection in which literary, musical, artistic or reference
materials (books, manuscripts, films) are kept for use by the general public.
Light manufacturing. A use engaged in the manufacture, predominantly
from previously prepared materials, of finished products or parts, including
processing, fabrication, assembly, treatment, and packaging of such products,
and accessory storage, sales and distribution of such products, but excluding
basic industrial processing.
Loading space. An area used for loading or unloading of goods from a
vehicle in connection with the use of the site on which such space is located.
Local street. A street which is intended primarily to serve traffic within a
neighborhood or limited residential district, and which is not necessarily
continuous through several residential districts.
Lot. A parcel of land described and recorded as a lot in the records of \[the\]
county, or in the event any lot or lots of land acreage as recorded are subdivided
or cut up into smaller or different parcels of land, or in the event any parcel of
such lot or lots of land acreage is used for the purpose of placing on any such
parcel a principal building and its accessory buildings, each such parcel of land
shall become a separate lot for the purposes of this ordinance, and the
boundaries of each such lot shall be determined and defined so as to contain
sufficient area to include the principal building and its accessory buildings to be
erected thereon and the open spaces required under this ordinance.
Lot area. The square foot area of a lot within the bounding property lines
and exclusive of dedicated streets and alleys. (See section 4100.)
Lot, corner. A lot situated at the junction of two or more streets.
Lot coverage. That portion of the lot that is covered by buildings and
structures.
Lot depth. The horizontal distance measured from the front lot line to the
rear lot line.
Lot frontage. The length of the front lot line measured at the street right-of-
way line.
Lot, interior. A lot other than a corner lot.
Lot line. A line of record bounding a lot which divides one lot from another
lot or from a public or private street or any other public space.
Lot, through. An interior lot having a frontage on two streets.
Lot width. The horizontal distance between the side lines of a lot
measured at right angles to its depth along a straight line parallel to the front lot
line at the minimum required building setback line.
Lumberyard. A site used for the storage, wholesale, and limited retail
sales of lumber. This does not include business enterprises which sell home
improvement supplies and lumber on a predominantly retail basis.
Manufactured housing. "Manufactured housing" refers to a HUD-code
manufactured home constructed on or after June 15, 1976, according to rules of
the U.S. Department of Housing and Urban Development established under the
National Manufactured Housing Construction and Safety Standards Act of 1974
(act), and which is further defined and referenced under Texas Occupations
Code § 1201.001 et seq. This term does not include those situations where the
housing unit has been modified or provide openings or a pass-through not
originally provided by the factory where the housing unit is subject to construction
and safety inspection for HUD-code compliance; nor has received inspection and
approval of such modifications by an inspector certified under the act to perform
such inspections. Housing units so modified without such inspections shall
thereafter be subject to applicable city building codes which may thereafter apply
to the entire unit.
Manufactured housing, individual accessory use. "Manufactured housing,
individual accessory use" shall be a housing unit located on the site of a
commercial or industrial land use intended for use by security personnel subject
to approval by the Department of Community Development.
Manufactured housing park. A "manufactured housing park" shall be a
parcel of land, under single ownership, on which two or more manufactured
homes or mobile homes in the aggregate are located and occupied as
permanent dwelling units; and which may or may not allow for temporary use
vehicles.
Manufactured housing sales. "Manufactured housing sales" shall be a
building or area used for the sale of manufactured housing.
Manufactured housing subdivision. A "manufactured housing subdivision"
shall be an area of not less than four acres so designated for the purpose of
subdividing land into residential lots to be sold for the use of manufactured
housing.
Marquee. Any hood, canopy, awning or permanent construction which
projects from a wall of a building, usually above an entrance.
Medical office. An office of one or more medical doctors, dentists or similar
members of the medical profession.
Metes and bounds. A method of describing the boundaries of land by
directions and distances from a known point of reference.
Mine.
(1) A cavity in the earth from which minerals and ores are extracted;
(2) The act of removing minerals and ores.
Mining and excavation. The extraction of minerals, including solids, such
as coal and ores; liquids, such as crude petroleum; and gases, such as natural
gases. This term also includes quarrying; well operation; milling, such as
crushing, screening, washing and flotation; and other preparation customarily
done at the mine site or as part of a mining activity.
Mini-warehouse. A structure containing separate storage spaces of
varying sizes leased or rented on an individual basis. (See Self-storage facility.)
Mixed use development. The development of a tract of land or building or
structure with two or more different uses, such as, but not limited to, residential,
office, manufacturing, retail, public, or entertainment, in a compact urban form.
Mobile home. "Mobile home" means a structure other than a site-built
house or manufactured home constructed prior to June 15, 1976. This term shall
not be interpreted to include modular housing as defined and regulated by the
state as industrialized housing, travel trailers, motorized homes or other such
units designed or intended as temporary and/or recreational housing units.
Motel. A building or group of buildings developed as an integral unit in
which there are:
a) Guest rooms for living or sleeping accommodations which are primarily for
transient occupancy and which may be rented on a daily basis;
b) Desk or lobby service, telephone, maid, linen room, and similar services; and
c) Individual entrances from outside the building(s) to serve each individual living
or sleeping unit.
Motor vehicle salvage yard. Any outdoor storage yard used for the deposit
of dismantled or junked motor vehicles 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.
Movie theater. A building for showing motion pictures.
Museum. (See Art gallery/museum.)
Neighborhood. A contiguous area containing residences which are of
similar size, age, and construction style and sharing a common street system.
Neighborhoods are defined by major streets, natural boundaries, subdivision
boundaries or zoning districts.
Noise. Any undesired audible sound.
Nonconforming development. A parcel of land, improvement or use that
was lawful prior to the enactment of this ordinance, effective May 23, 1985, or
any amendment thereto, but that does not conform to the provisions of this
ordinance except for the provisions of section 6100.
Nonconforming parcel. A parcel of land that is not in conformance with the
Code of Ordinances or is not in conformance with provisions contained in this
ordinance. Nonconformity may include lot size, frontage or lot width, or other
conditions related to the area or width of a parcel or development of the parcel.
This definition shall not be interpreted to mean a parcel which was established
contrary to regulations contained under appendix A of the Code of Ordinances,
or within this ordinance since the rezoning of property or since zoning was
enacted in the city unless a variance to such regulations has been lawfully
obtained. Such a parcel developed contrary to regulations in the Code of
Ordinances shall be an illegal parcel.
Nonconforming site elements. Site elements are those elements which are
ancillary to a use, structure or parcel which include, but are not limited to parking
number and layout, provision of required handicapped parking, landscaping and
irrigation, signage, free-standing or attached canopies or awnings, ingress and
egress points and curb cut location(s), site circulation patterns compatible with
the use and/or mixture of uses, outdoor lighting, and similar elements, features or
provisions.
Nonconforming structure. A structure which is not in compliance with this
ordinance as it relates to lot coverage, height, setback and other provisions
which are intended to regulate the size, location or other element relating to the
structure or placement of a structure. This definition shall not be interpreted to
include building codes.
Nonconforming use. With respect to any provision of this appendix other
than airport zoning, a legal use which is not a permitted use in that zoning district
and which existed prior to the enactment of zoning within the city or a rezoning
within a zoning district. \[The term\] "nonconforming use" may also apply to
nonconformance with regulations which apply to parking, landscaping and
signage requirements as applied to the current use which is in itself
nonconforming. This definition shall not be interpreted to mean a use which was
established since the rezoning of property or since zoning was enacted in the
city, and is not permitted in that zoning district, not authorized by a conditional
use permit, or which has not obtained a waiver of this ordinance from the city
council, such use is an illegal use.
Nonconforming use. Only with respect to airport zoning, any structure or
use of land which was inconsistent with these provisions on October 31, 1982, or
amendments thereto. \[Pertains to airport zoning.\]
Nonprecision instrument runway. A "nonprecision instrument runway" is a
runway having an existing instrument approach procedure utilizing air navigation
facilities with only horizontal guidance, or area-type navigation equipment, for
which a straight-in nonprecision instrument approach procedure has been
planned or approved.
Nuisance. An interference with the enjoyment and use of property.
Nursery. Land used to raise and store flowers, trees, shrubs and plants for
sale, which may also contain a structure for maintenance of the property.
Obstruction. With respect to any provision of this appendix other than
airport zoning, any dam, wall, wharf, embankment, levy, dike, pile, abutment,
projection, excavation, channel, rectification, bridge, culvert, conduit, building,
wire, fence, rock-, gravel-, refuse-filled structure, which may impede, retard or
change the direction of the flow of water, either itself or by catching or collecting
debris carried by such water, or that is placed where the flow of water might carry
the same downstream to the damage of life and property.
Obstruction. Only with respect to airport zoning, any structure, growth or
other object, including a mobile object, which exceeds a limiting height set forth
in this provision. \[Pertains to airport zoning.\]
Office. A room, studio, suite, or building or any part thereof in which a
person provides professional services. This definition shall not include business
and personal services. Additionally, this definition shall not include offices which
are related to and accessory to other on-site uses. An office shall not involve on-
site manufacturing, fabrication, production, processing, assembling, cleaning,
testing, repair, or storage of materials, goods and products; or the sale and
delivery of any materials, goods or products which are physically located on the
premises. Furthermore, an office shall not be used as a place of congregation for
work off the premises.
Off-street parking space. A temporary storage area for a motor vehicle
that is directly accessible to an access aisle, and which is not located on a
dedicated street right-of-way.
Oil drilling. (See Mining and excavation.)
Openings for light and air. Any window, window wall, or glass located in
the building, but not including doors which are used only for ingress and egress.
Open space. Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private use or
enjoyment, or for the use and enjoyment of owners and occupants of land
adjoining or neighboring such open space.
Open space ratio. Total area of open space divided by the total site area
in which the open space is located.
Outdoor display. An area on public sidewalks used for display incidental
and accessory to a primary use on the same lot and in close proximity of the
primary use building or lease space. Outdoor display areas shall abut and be
contiguous or align in-front of the primary use selling such merchandise. An
encroachment agreement is required for outdoor display on public sidewalks
(See sections 39803986).
Outdoor entertainment and recreation. Recreational uses conducted in
open or partially enclosed or screened facilities. Typical uses include driving
ranges, miniature golf courses, golf courses, swimming pools, tennis courts, and
outdoor racquetball courts.
Outdoor food court. An established lot or parcel of land with facilities
allowing two or more mobile food establishments to be parked on the property for
the purpose of vending on that property.
Outdoor seating. Seating not enclosed, but which may include a roof,
awning or other such cover.
Outdoor storage. Any material, vehicle or equipment that has been used,
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.
Owner. An individual, firm, association, syndicate, partnership, or
corporation having sufficient proprietary interest to seek development of land.
Parcel. A lot or tract of land.
Park. A tract of land designated and used by the public for active and
passive recreation.
Parking area. Any public or private land area designed and used for
parking motor vehicles, including parking lots, garages, private driveways and
legally designated areas of public streets.
Parking facility. An area or structure devoted to the parking or storage of
automobiles for a fee.
Parking space. A space for the parking of a motor vehicle within a public
or private parking area.
Party wall. A common shared wall between two separate structures,
buildings, or dwelling units.
Permit. Written governmental permission issued by an authorized official,
empowering the holder thereof to do some act not forbidden by law, but not
allowed without such authorization.
Permitted use. Any use allowed in a zoning district and subject to the
restrictions applicable to that zoning district.
Person. An individual, firm, partnership, corporation, company,
association, joint stock association or body politic and includes a trustee,
receiver, assignee, administrator, executor, guardian or other representative.
Personal care home. A residential living arrangement that provides food,
shelter and guidance for no more than six persons and two supervisors or
nursing personnel, including but not limited to, maternity homes, shelters for
victims of crime, abuse and neglect.
Planned unit development (PUD). A planned unit development is a
development of land which is planned and developed as a whole in a single
development operation or programmed series of development, and which
includes streets, utilities, lots or building sites, and which indicates all structures
and their relationship to each other and to adjacent uses and improvements, as
well as open spaces. A planned unit development may consist of dwelling units
and detached, semidetached, attached or multifamily structures or any
combination thereof and may also include nonresidential uses such as religious,
cultural, recreational, commercial, or industrial uses, compatibly and
harmoniously incorporated into the unitary design of the planned unit
development. A PUD may utilize private streets with dedicated easements for
access and utilities, and open spaces owned and maintained by a Homeowners
Association, some other form of governing body or by the property owners.
Planned Unit Development - Commercial Use (PUD-CU). A PUD-CU
district is primarily intended for heavy commercial uses up to heavy industrial uses.
Careful consideration will be given to commercial and industrial uses, and their
impacts on adjacent land uses and districts. The proposed uses will be required to
meet environmental standards to protect soil, air, and water from potential adverse
impacts and pollutants from the proposed uses. For a PUD-CU there shall not be
a minimum acreage requirement.
Planned Unit Development - Mixed Use (PUD-MU). A PUD-MU district is
primarily for medium residential to limited commercial uses offering specialized
developments offering a mix of residential forms consisting of single family
detached to multifamily and commercial uses convenient to servicing the
residential community in a live, work, and play development. For a PUD-MU there
shall be no minimum acreage requirement.
Planned Unit Development Residential Use (PUD-RU). A PUD-RU
district is primarily for the low to medium density development of unique forms of
detached single-family housing utilizing individually platted lots. A PUD-RU
development utilizes the total space within a development by creating common
open spaces, scenic and recreational areas, and other spaces, which will
compensate for the reduction of land area dedicated for the residential structure.
A minimum acreage for a PUD-RU shall be a lot or designated district boundary
of no smaller than 1.5 acres, not to include right of ways.
Planning and Zoning Commission shall mean the City of Wichita Falls
Planning and Zoning Commission.
Plat. A "plat" shall refer to both preliminary and final plats and shall be
determined by the section in which it appears.
Plat, final. A "final plat" is a plat prepared by a licensed surveyor and
submitted to the Planning and Zoning Commission for final approval which is duly
acknowledged by its owners or proprietors of the land in the manner required for
the acknowledgement of deeds and which is to be filed for record in the office of
the county clerk of the county or counties in which the land lies.
Plat, preliminary. A tentative drawing made by a licensed surveyor for
inspection purposes only, showing the entire tract of land sought to be
subdivided, accurately describing all of said subdivision or addition by metes and
bounds, locating the same with respect to an original corner of the original survey
of which it is a part and giving the dimensions thereof of said subdivision or
addition, and dimensions of all streets, alleys, squares, parks or other portions of
same intended to be dedicated to public use, or for the use of purchasers or
owners of lots fronting thereon or adjacent thereto.
Porch. A roofed space open on three sides, one or more stories in height.
Power generation. Production of electric current.
Precision instrument runway. A "precision instrument runway" is a runway
having an existing instrument approach procedure utilizing an Instrument
Landing System (ILS) or a Precision Approach Radar (PAR). It also means a
runway for which a precision approach system is planned and is indicated on an
approved airport layout plan or other planning document.
Premises. Any lot or unplatted tract, or any combination of contiguous lots
or unplatted tracts held under single ownership.
Primary building. The building on a lot which is occupied by the primary
use.
Primary surface. A surface longitudinally centered on a runway. Where the
runway has a specially prepared hard surface, the primary surface extends 200
feet beyond each of that runway; but when the runway has no specially prepared
hard surface, or planned hard surface, the primary surface ends at each end of
that runway. The width of the primary surface of a runway will be that width
prescribed under \[section\] 6400 of appendix \[B\] of the Code of Ordinances, for
the most precise approach existing or planned for either end of that runway.
Primary use. A use which fulfills a primary function of a household,
establishment, institution or other entity.
Private recreational areas, limited. Outdoor and indoor recreational areas
designed to meet the needs of a residential neighborhood, and intended primarily
to be used by the residents of that neighborhood.
Prohibited use. A use that is not permitted in a zone district.
Publicly owned treatment works or POTW. \[The term\] "publicly owned
treatment works" or "POTW" shall have the same meaning as defined in section
106-566 of the Code of Ordinances, City of Wichita Falls, Texas.
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.
Public safety services. Fire stations, ambulance services, and police
stations.
Recreational vehicle. A "recreational vehicle" is a vehicular-type unit
primarily designed as temporary living quarters for recreational, camping, travel,
or seasonal use that either has its own motive power or is mounted on or towed
by another vehicle. The basic entities may include, but \[are\] not limited to, a
camping trailer, fifth wheel trailer, motor home, travel trailer, and truck camper.
Recreational vehicle parks. "Recreational vehicle parks" shall be parks
used exclusively for temporary use vehicles. The term "RV park" shall also
include this definition.
Refinery. A building and equipment for refining metals and oil.
Religious assembly. Places of worship and activity where people gather. A
property tax exemption obtained pursuant to the Property Tax Code of the state
shall constitute prima facie evidence of religious use.
Repair services. Establishments primarily engaged in the provision of
repair services to individuals and households rather than firms, but excluding
automotive and equipment services use types. Typical uses include appliance
repair shops, watch or jewelry repair shops, or musical instrument repair shops.
Residence. A home, abode or place where an individual is actually living
at a specific point in time.
Residential care facility. A building with on-site supervisory personnel
which provides shelter and care for abandoned, battered, disabled, or homeless
individuals regardless of legal relationship.
Residential character. Refers to the appearance and nature of a
residential area. Specifically showing no commercial intrusion, home occupations
which do not attract attention, a high degree of maintenance and yard care and
limited outdoor storage.
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 as
hotels, motels, halfway houses, RV parks or other such facilities 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.
Restaurant. An establishment where food and drink are prepared, served
and consumed primarily within the principal building.
Restaurant, limited. A business engaged in the serving of prepared foods
which are served and primarily consumed on site and is contained within an area
of not more than 1,200 square feet. Such enterprises may include, but are not
limited to, salad bars, sandwich shops, ice cream parlors, tearooms, and similar
uses.
Restriction. A limitation on property which may be created in a property
deed, lease, mortgage, through certain zoning or subdivision regulations, or as a
condition of approval of an application for development.
Restrictive covenant. A restriction on the use of land usually set forth in
the deed.
Retail trade. The selling of merchandise to the general public.
Retail warehousing. Warehousing of inventory to include, but not \[be\]
limited to, appliances, parts, home furnishings, showrooms or other such areas
not generally accessed by the public or where there is provided areas for the
display of products or merchandise which normally require specialized equipment
for moving.
Rezone. To change the zoning classification of particular lots or parcels of
land.
Right-of-way.
(1) A strip of land acquired by reservation, dedication, forced dedication,
prescription or condemnation and intended to be occupied or occupied by a road,
crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline,
sanitary storm sewer, and other similar uses;
(2) Generally, the right of one to pass over the property of another.
Roof. The outside top covering of a building.
Runway. A defined area on an airport prepared for landing and take-off of
aircraft along its length.
School, primary. Includes grades one through six and may or may not
include a kindergarten.
School, secondary. Includes grades seven through 12, popularly known as
junior and senior high schools.
Screening. A method of visually shielding or obscuring one abutting or
nearby structure or use from another by fencing, walls, berms or densely planted
vegetation.
Self-storage facility mini-warehouse. (See Mini-warehouse.)
Service, business. Establishments primarily engaged in rendering services
to business establishments on a fee or contract basis (e.g., janitorial, fax, lawn
care, etc.).
Service, personal. Establishments primarily engaged in providing services
involving the care of a person or his apparel (e.g., laundering facilities, dry
cleaners, photography studio, beauty/barber shop, shoe repair, reducing salons,
tailor, etc.).
Service, professional. (See Office.)
Services. Establishments primarily engaged in providing services for
individuals, business and government establishments and other organizations.
Service station. (See Automotive service station.)
Setback. The minimum distance from the street right-of-way line or any
other lot line that establishes the area within which the principal structure must be
erected or placed.
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.
Setback, front. The distance extending for the full width of the lot between
the front lot line and the front wall of the structure.
Setback, rear. The distance between the rear lot and the rear wall of a
primary structure, and bounded on both sides by the side setbacks.
Setback, side. The distance between the side property lines and the side
wall of a structure and bounded by the front setback line and rear lot line. Any lot
line which is not a front or rear lot line is a side lot line. Where a lot has only three
lot lines, those lot lines which do not front on a street shall be deemed as side lot
lines.
Setback, side (exterior). The side setback on the street side property line
of a corner lot.
Setback, side (interior). The side setback from the property line which is
abutting to another lot.
Shooting range (indoor). A facility which is completely enclosed within a
building or structure for the use of archery and/or discharging of firearms (i.e.,
handgun, pistol, rifle, shotgun) for the purposes of target practice, marksmanship
training, league shooting, or temporary competitions. Designed to prevent a
projectile fired from a firearm at a target from going beyond the boundaries of the
area, by use of a backstop or other barrier that is designed to completely stop the
projectile or prevent a potentially dangerous ricochet.
Shooting range (outdoor). A recreational facility designed and constructed
for the practice of and teaching of archery and/or marksmanship and discharging
of firearms using live ammunition for the purposes \[of\] target practice, silhouette,
skeet and trap shooting, black powder, self-defense, temporary competitions or
similar recreational and/or professional shooting.
Shopping center. A group of commercial establishments planned,
constructed and managed as a total entity with customer and employee parking
provided on site, provision for goods delivery separated from customer access,
aesthetic considerations and protection from the elements.
Sign. Any object, device, display or structure, or part thereof, situated
outdoors or indoors, which is used to advertise, identify, display, direct or attract
attention to an object, person, institution, organization, business, product,
service, event or location by any means, including words, letters, figures, design,
symbols, fixtures, colors, illuminations or projected images. This definition shall
not include the national and state flag.
Single-family dwelling. "Single-family dwelling," as the term is used herein,
is not intended to discriminate between the various types of dwellings that may
be used by a single family. This term, as used herein, shall be used to
differentiate between site-built housing subject to city-adopted building codes and
other housing types that could function as a single-family residence.
Site. Any plot or parcel of land or combination of contiguous lots or parcels
of land.
Site plan. A plan, prepared to scale, showing accurately and with complete
dimensioning, all of the buildings, structures and principal site development
features, including parking, access, and landscaping and screening, and uses
proposed for a specific lot or site or parcel of land.
Slaughterhouse-meat packing. Establishments where animals are
butchered and packaged for sale.
Stable. A structure with a capacity for more than two horses or mules.
Stand. A "stand" is a specific area within a recreational vehicle park that is
set-aside for use by a recreational vehicle.
Stockyards. Stockyards and commercial feedlots shall be defined, for the
purposes of this section, as confined areas for feeding and/or holding of certain
animals, such as cattle, swine, sheep and goats.
Story. That portion of a building included between the surface of any floor
and the surface of the floor next above it, or if there is no floor above it, then the
space between such floor and the ceiling.
Street line. A dividing line between a lot, tract, or parcel of land and a
continuous street.
Structural alteration. Any change in either the supporting members of a
building, such as bearing walls, columns, beams and girders, or in the
dimensions or configurations of the roof or exterior walls.
Structure. With respect to any provision of this appendix other than airport
zoning, a "structure" may be a building, derrick, silo, elevator, electrical
transmission tower, exhaust stack, light standard, pole or similar such use.
Structure. Only with respect to airport zoning, an object, including a mobile
object, constructed or installed by man, including, but not limited to, buildings,
towers, cranes, smokestacks, earth formations and overhead transmission lines.
\[Pertains to airport zoning.\]
Subdivision. The division of a lot, tract or parcel of land into two or more
lots, tracts, parcels or other divisions of land for sale, development or lease.
Substantial improvements. An improvement which increases the floor area
of an existing structure by more than 50 percent or represents an investment of
greater than 50 percent of the present market value of the existing structure.
Supermarket. A retail establishment primarily selling food as well as other
convenience and household goods.
Swimming pool. A water-filled enclosure, permanently constructed or
portable, having a depth of more than 18 inches below the level of the
surrounding land, or an above-surface pool having a depth of more than 30
inches, designed, used and maintained for swimming and bathing.
Temporary use vehicles. A "temporary use vehicle" shall be a travel trailer
or recreational vehicle manufactured by recognized manufacturers of such
vehicles, but shall exclude tent trailers and similar such units.
Therapy and rehabilitation. A use engaged in a therapeutic and/or
rehabilitation activity by personnel licensed by the state.
Townhouse. A single-family dwelling unit constructed in a series or group
of not less than three contiguous units, but limited in this ordinance to a
maximum of ten contiguous units.
Trailer park or court. A unified development designed to supply parking
and utility connections for travel trailers, motor homes, and other transient
residential trailers/vehicles.
Transitional surfaces. "Transitional surfaces" extend outward at 90-degree
angles to the runway centerline and the runway centerline extended at a slope of
seven feet horizontal for each foot vertical from the sides of the primary and
approach surfaces to where they intersect the horizontal and conical surfaces.
Transitional surfaces for those portions of the precision approach surfaces, which
projects through and beyond the limits of the conical surface, extend a distance
of 5,000 feet measured horizontally from the edge of the approach surface and at
90-degree angles to the extended runway centerline.
Travel trailer. A transportable, factory-built structure, which in the traveling
mode is less than eight body feet in width and less than 40 body feet in length
and designed as a temporary use dwelling unit.
Trucking facility. A building or area in which freight brought by \[a\] motor
truck is assembled and/or stored for shipping interstate and intrastate commerce
by \[a\] motor truck.
Use. The purpose or activity for which land or buildings are designed,
arranged, or intended, or for which land or buildings are occupied or maintained.
Utility, service.
(1) Any agency which, under public franchise or ownership, or under certificate of
convenience and necessity, provides the public with electricity, gas, heat, steam,
communication, rail transportation, water, sewage collection, or other similar
service;
(2) A closely regulated private enterprise with an exclusive franchise for providing
a public service.
Variance. (See section 7300.)
Veterinary services. An establishment where animals and pets are
admitted for examination and treatment.
Warehouse. A building used primarily for the storage of goods and
materials.
Warehousing facilities. Terminal facilities for handling freight with or
without maintenance facilities.
(Ord. No. 28-86, § 7, 4-1-1986; Ord. No. 76-87, § 1, 8-18-1987; Ord. No. 23-88, § 1, 3-
1-1988; Ord. No. 39-88, § 2, 3-15-1988; Ord. No. 64-88, § 2, 5-31-1988; Ord. No. 92-
88, § 1, 8-2-1988; Ord. No. 30-89, § I, 5-2-1989; Ord. No. 27-90, § 7, 5-1-1990; Ord.
No. 81-90, § 3, 12-6-1990; Ord. No. 31-91, § 1, 4-2-1991; Ord. No. 109-92, 12-1-1992;
Ord. No. 158-93, § 2, 12-21-1993; Ord. No. 74-94, § 2, 5-17-1994; Ord. No. 75-96, § 1,
6-4-1996; Ord. No. 95-96, §§ 1, 2, 7-2-1996; Ord. No. 70-97, § 1, 8-5-1997; Ord. No.
35-98, §§ 1, 2, 4-21-1998; Ord. No. 66-99, § 1, 7-20-1999; Ord. No. 71-2000, § 3, 7-5-
2000; Ord. No. 103-2000, § 2, 10-3-2000; Ord. No. 32-2001, §§ 2, 3, 4-3-2001; Ord. No.
45-2001, § 1, 5-1-2001; Ord. No. 95-2001, § 2, 10-2-2001; Ord. No. 96-2001, § 1, 10-2-
2001; Ord. No. 2-2002, § 1, 1-3-2002; Ord. No. 53-2002, § 2, 7-16-2002; Ord. No. 62-
2003, § 1, 7-1-2003; Ord. No. 78-2006, § 3, 9-19-2006; Ord. No. 03-2015, § 1, 1-6-
2015; Ord. No. 43-2016, 11-1-2016; Ord. No. 44-2016, 11-1-2016; Ord. No. 51-2018, §
3, 10-2-2018)
2. Planned Unit Development Submittal
. The following section of Appendix B
of the Wichita Falls Code of Ordinances is hereby amended with the revision
to various referenced sections relating to the purpose and submission
requirements of a Planned Unit Development District.
3640. - PUDPLANNED UNIT DEVELOPMENT DISTRICT
\[Sec.\] 3650. - Purpose.
The purpose of the PUD Planned Unit Development District is to provide flexibility in site
planning and allow the departure from the strict development regulations. The site must
be planned and developed as a unit with a high quality of design. Industrial parks,
shopping centers, residential development of multiple or mixed housing, or appropriate
combinations thereof for specialized purposes would be suitable.
Each proposed Planned Unit Development (PUD) will be required to conform to
the continuity of the Land Use Plan and all development requirements established
and approved in one of the three classifications of Planned Unit Development:
Residential Use, Mixed Use, or Commercial Use.
Any use permitted by right or conditionally in the original base district shall be
permitted in the PUD district, unless the use is prohibited or otherwise conditioned
in the regulations adopted for the PUD district. Uses designated as conditional
uses in this Code may be authorized in the PUD district only if designated on the
Concept Plan adopted as part of the PUD district.
The PUD district is not intended as a convenience to circumventing requirements
set forth in the developmental regulations or as a tool for mass variance.
\[Sec.\] 3660. - Approval process.
The approval process for a PUD Planned Unit Development District shall be the same as
the amendment procedures in section 7500. The city council's approval of a PUD district
shall be by amendment to this zoning ordinance. Such amendment shall designate the
boundaries of the district and include such conditions which in the judgment of the city
council are necessary to secure the health, safety, and general welfare of the city.
\[Sec.\] 3670. - Submission requirements.
A. Project description. The applicant for a PUD Planned Unit Development District shall
submit a clear and concise report containing the following information:
1. A general description of the project.
2. A statement of design objectives of the PUD district.
3. Total project acreage, the number of residential units, the square footage of
nonresidential uses, projected number of employees and projected peak
customer visits, if applicable.
4. A proposed timetable or phasing of the project.
5. A completed Planned Unit Development District Rezone application to be
provided by the Planning Division including all required supporting
documentation.
6. A pre-submittal meeting shall be held with the land owner, developer and city
staff prior to submittal to verify conformance with city ordinances, and review of
preliminary plans for any additional documentation or site plan requirements.
B. Site plan. The applicant shall submit a site plan which shall include the following
information:
1. The location of all proposed uses.
2. The outlines and square footage of all structures.
3. The locations of all driveways.
4. The use of all properties adjacent to or directly affected by the PUD district.
5. Alternate designs proposed by the developer.
6. Any adjacent or nearby property which the developer owns or holds a purchase
option.
7. Any additional requirements set forth in the required pre-submittal meeting.
\[Sec.\] 3680. - Approval criteria.
The following criteria shall be used to review a PUD Planned Unit Development District,
or to establish any special condition of approval:
1. The proposal shall be in conformance with the land use plan, base zoning,
and all other plans and policies adopted by the city.
2. The proposed PUD district should be compared against probable
development patterns which would occur under existing zoning districts.
3. The proposed project shall not overburden utilities, drainage,
transportation, schools, fire protection capabilities, parks or other public
services.
(Ord. No. 15-2018, 4-3-2018)
\[Sec.\] 3690. - Amendments and changes.
The city council may approve or conditionally approve design changes identified in the
project description and site plan.
A. The staff may approve the following minor changes to the site plan subject to
the specific conditions approved by the city council:
1. Minor relocation of utility lines and easements, or minor changes in
drainage facilities.
2. The location, area, or outline of buildings if the changes do not significantly
increase or redistribute the intensity of uses or decrease amenities of the
project.
3. Minor changes in lot lines which do not significantly alter the project.
B. The Commission may approve the following types of changes subject to
specific conditions approved by the city council:
1.
Any of the above changes appealed by the developer.
2.
The location of any street or drainage way.
All other amendments shall be referred to the city council using the same procedure as
the original designation.
3. Carports in the Required Setback.
The following section of Appendix B
of the Wichita Falls Code of Ordinances is hereby amended with the revision
relating to setting a criteria for allowing a carport within the front and exterior
side setback by right and conditional with approval of the Planning and
Zoning Commission are amended as follows:
\[Sec.\] 4220. - Projections and structures allowed in setback areas.
A required setback area shall be kept free of any building or structure higher than two
feet, except that buildings, structures or projections shall be allowed as provided
below:
A. Cornices, window sills, flues and chimneys, and eaves may project two feet into
the required setback area.
B. Fences may project into the front, side and rear setback areas on all properties
except those with single-family and duplex residential uses. In properties with
single-family and duplex residential uses, fences may project into the side and
rear setback areas; fences may project into the front setback areas if they meet
all of the following criteria:
1. The fence shall have at least 50 percent of the face area open and free of
opaque materials;
2. The fence shall be no more than four feet tall;
3. The fence shall not totally enclose all or a part of the front setback area if
the front door of the residence opens into the enclosed area, unless a Postal
Service approved mailbox is provided outside the enclosure;
4. If the fence is located near a street intersection, it shall conform to section
102-40, Visibility Sight Triangle, of the Wichita Falls Code of Ordinances,
as amended, concerning view obstruction.
C. Uncovered steps, porches, or patios which are no more than two feet above the
adjacent grade may be placed within the required setback area.
D. Uncovered in-ground swimming pools may be placed in the rear or side setback
areas. Above-ground swimming pools, hot tubs and satellite dish antennas may
be placed in the rear or interior side setback areas.
E. Accessory buildings not exceeding 150 square feet in floor area may be placed
within the rear setback area, but no closer than one foot from the rear lot line.
F. Gasoline pump islands may be placed in the front and exterior side setback area,
provided that they are placed no closer than 12 feet from the property line.
Canopies attached to the pump islands shall provide at least 14 feet of clearance
from the ground to the bottom of the canopy, and may be placed no closer than
one foot from the property line.
G. Signs may be placed within the required setback areas as provided for in section
6700, Sign Regulations.
H. Awnings may project into the front or exterior side setback area of a lot, or a rear
setback area of a through lot, to a maximum distance of six feet; provided no
supporting structure for such extension is located on the ground within such
setback areas. However, awnings shall not extend more than three feet into such
setback areas of single-family and duplex residential uses.
I. Carports may be permitted within setback areas in the following manner:
Interior side setback area. Carports constructed out of non-combustible materials
with drains and gutters may be placed in an interior side setback area provided
that the supporting columns are no closer than three feet, and the overhang is
no closer than two feet from the side property line.
Front setback and exterior side setback areas. Carports may be placed in the front
setback and exterior side setback areas with prior approval by the Director of Community
Development so long as the supporting columns are no closer than five (5) feet, and the
overhang is no closer than four (4) from the front or exterior side property line.
A carport proposed with support structures within five (5) feet of the front and side exterior
property lines may be permitted with approval of a conditional use permit, as provided for
in Section 7200. Carports or their overhang will not be permitted within the sight-visibility
triangle. Carports needing a conditional use permit may require verification of the
property line location and proposed setback through action or documentation from a
licensed surveyor or engineer.
Carports authorized under this section must meet the following construction standards:
Number of supporting columns: Six, maximum.
Column height: Eight feet maximum from highest grade.
Roof height shall not exceed height of primary structure.
Vertical plane from ground to seven feet in the front and sides of the carport shall be left
clear of walls or sheathing.
J. Americans with Disability Act ("ADA") accessibility ramps may be permitted
within setback areas in the following manner:
1. The applicant shall provide the following:
a. Name and address of the person or entity requesting the ADA ramp.
b. A description of whether the ramp requested by the applicant is
necessary for the person(s) with the disability to use and enjoy the
property, or is necessary to make the provision of housing for a person
with disabilities feasible.
c. A site plan submitted to the Planning Department, as provided in
section 7100.
2. The ADA accessibility ramp shall not cause a visibility sight issue.
3. The ADA accessibility ramp shall not discharge directly onto any public right-
of-way.
4. The Director of Community Development or designee shall issue a written
decision on the request within 30 calendar days of the date of the application
and may either grant, grant with alterations or conditions, or deny the request
for an ADA accessibility ramp in accordance with section J.1.
5. An applicant may appeal in writing the denial of the Director of Community
Development or designee by submitting such appeal within ten calendar days
of notice of the denial.
6. The Board of Adjustment shall have final authority on any such appeal.
(Ord. No. 51-2018, § 2, 10-2-2018)
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.
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.
PASSED AND APPROVED this the 4th day of June, 2019.
M A Y O R
ATTEST:
____________________
City Clerk