Ord 038-85 4/23/1985 ORDINANCE NO.
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AN ORDINANCE ADOPTING A ZONING ORDINANCE FOR THE
CITY OF WICHITA FALLS, TEXAS
WHEREAS, the City Council appointed the Planning Board as the Zoning
Commission; and,
WHEREAS, the Zoning Commission prepared a preliminary report, held
public hearings, and prepared a final report in accordance with Article 1011,
V.A.T.S. ; and,
WHEREAS, the City Council accepted the final report and held public
hearings on March 27, 1985 and April 2, 1985; and,
WHEREAS, such regulations have been made in accordance with a compre-
hensive plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City of Wichita Falls Zoning Ordinance, a copy of which is attached,
is hereby adopted. �,,QQ �
PASSED AND APPROVED THIS THE O 46(day of , 1985.
Y 0 R
ATTEST:
Ana 4' L! =
CITY CLERK
2000 Definitions
drdinance No. 38-85
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City of Wichita Falls
ZONNG ORDAANCE
Adopted April 23, 1985
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TABLE OF COIVTEIVTS
SUBJECT SECTION PAGE
LEGAL PROVISIONS 1000 1
DEFINITIONS 2000 4
ZONING DISTRICT TYPES
AND REGULATIONS 3000 26
SF1 Single Family Residential District 3040 27
SF2 Single Family Residential District 3100 28
MFR Multi-Family Residential District 3170 29
RMU Residential Mixed Use District 3250 31
MHR Mobile Home Residential District 3320 33
LC Limited Commercial District 3370 33
GC General Commercial District 3450 36
HC Heavy Commercial District 3510 37
HI Heavy Industrial District 3580 39
PUD Planned Unit Development District 3640 40
RDD River Development District 3700 42
CBD Central Business District 3780 43
SUPPLEMENTAL DEVELOPMENT REGULATIONS 4000 45
Lot Area and Dimensions 4100 45
Setback 4200 45
Height 4300 46
Building Coverage Regulations 4400 47
Open Space 4450 47
Floodplain Regulations 4500 48
Buffering Adjacent to Residential Uses 4600 48
Fire Hazard Regulation 4700 49
SUPPLEMENTAL USE REGULATIONS 5000 50
Home Occupations 5100 50
Zero Lot Line Regulations 5200 51
Townhouse Regulations 5300 54
Alcoholic Beverage Sales 5400 55
Sexually Oriented Commercial 5500 55
Establishments
Manufactured Housing Regulations 5600 55
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SECTION PAGE
GENERAL REGULATIONS 6000 58
Nonconforming Development 610:00 58
Off-Street Parking , Loading , and
Curb--Cut Regulations 6200 60
Historic Landmarks •
6300 72
Airport Zoning Regulations 6400 72
Accessory Use Regulations 6500 72
Temporary Use Regulations 6600 73
Sign Regulations 6700 74
Landscaping Regulations 6800 81
ADMINISTRATIVE PROCEDURES 7000 83
Site Plan Review Procedure 7100 83
Conditional Use Procedure 7200 84
Variance Procedure 7300:) 86
Administrative Appeals 7400 89
Amendment Procedure 7500 90
Public Notice Procedures and
Fee Schedules 7600 93
Enforcement 7700:) 95
Board of Adjustment 7800 96
Planning and Zoning Commission 7900 98
ZONING DISTRICT MAP 8000 99
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1 O00 LEGAL F' O'J I S I OI 19
1010 TITLE
Sections 1000 through 9999 of this Chapter shall be known as the
Zoning Ordinance of the City of Wichita Falls, Texas.
1015 PURPOSE OF THE ZONING ORDINANCE
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The purpose of the Zoning Ordinance shall be to promote the public
health , safety, morals, and for the protection and preservation of
places and areas of historical , cultural , or architectural
importance and significance or general welfare of the City of Wichita
Falls and residents thereof ; and to attain the objectives of the
Wichita Falls Comprehensive Plan. It has been designed to lessen
congestion in the streets; to secure safety from fire, panic and
other dangers; to promote health and the general welfare; to provide
adequate light and air; to prevent the overcrowding of land; to avoid
undue concentration of population; and to facilitate the adequate
provision of transportation , water , sewerage, schools, parks and
other public requirements.
1020 CONSISTENCY WITH COMPREHENSIVE PLAN
It is the intent of the City of Wichita Falls that the Zoning
Ordinance shall be consistent with the Wichita Falls Comprehensive
Plan , and with any supplemental land use and community development
policies which may be adopted by the City Council .
In the event the Zoning Ordinance becomes inconsistent with the
Wichita Falls Comprehensive Plan or with any supplemental land use
and community development policies of the City of Wichita Falls,
by reason of the adoption of a new plan or by amendment of the
existing plan or supplemental policies, it is the intent of the
Council that the Zoning Ordinance be amended within a reasonable
time so as to become or remain consistent with the revised or
amended Comprehensive Plan and land use and community development
policies.
Additionally, it is the intent of the Council that all amendments
to the Zoning Ordinance shall maintain and enhance the consistency
between the Zoning Ordinance and the Wichita Falls Comprehensive
Plan.
1025 APPLICABILITY
The Zoning Ordinance shall apply to all of the incorporated areas
of the City of Wichita Falls. The use of all land and any
buildings or structures located upon the land , and the construc-
tion , reconstruction , alteration , expansion , or relocation of any
building or structure upon the land shall conform to all regula-
tions applicable to the district in which the land is located
except as otherwise provided below. No land , building , structure
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or premises ^shall be used for any purpose or in any manner other �
than is permitted in the district in which slu h land , building ,ng , ^
structure or premises is located except as provided below.
The provisions of this Zoning Ordinance shall be applied to all
land , buildings, structures and premises of the incorporated areas*
of the City of Wichita Falls on the 23 rd. , day of May , 1985.
However , the provisions of this Ordinance shall not apply to
buildings, structures, or land under the control , administration ,
or jurisdiction of any federal or state agency, or the City of
Wichita Falls where properly exempted by law.
1035 CONFLICTING PROVISIONS
The Zoning Ordinance shall be held to be the minimum requirements
for the promotion of the public health , safety, comfort ,
- convenience and general welfare. It is not the intent of this
ordinance to interfere with or abrogate or annul any easement ,
covenant , or other deed restriction or agreement between parties.
When the Zoning Ordinance imposes a greater restriction upon the
use of buildings or land , or upon the height of buildings, or
requires larger open spaces than are imposed or required by
other ordinances, rules, regulations, or by easements,
covenants or agreements, the provisions of the Zoning Ordinance
shall control .
1040 RELIEF FROM OTHER PROVISIONS
Except as otherwise specifically provided , no provision. of the
Zoning Ordinance shall be construed as relieving any party to
whom a site plan approval , permit or variance is issued from any
other provision of state or federal law or from any provision ,
ordinance, rule, or regulation of the City of Wichita Falls
requiring a license, franchise, or permit to accomplish , engage
in , carry on or maintain a particular business, enterprise, occU-
pation , transaction or use.
1045 SEVERAB%L%TY OF PROVISIONS
If any section , subsection , sentence, clause or phrase of this
ordinance is for any reason , held to be invalid or unconsti-
tutional , such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of
this ordinance, it being hereby expressly declared that this
ordinance and each section , subsection , sentence, clause and
phrase hereof would have been prepared, proposed , adopted ,
approved and ratified irrespective of the fact that any one
or more other sections, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional .
1050 REPEAL OF CONFLICTING ORDINANCES
All ordinances or resolutions, or parts thereof in conflict with
this Zoning Ordinance or inconsistent with its provisions are
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hereby repealed to the extent necessary to givethis '0rdinance
full force and effect.
1055 COMPLETION OF USES AND STRUCTURES
Nothing herein contained shall require any change in the plans,
construction or designated use of a building for which a building
permit has been heretofore issued , and plans for which are on file
with the building official at the time of the passage of this
ordinance, and the construction of which in either case shall
have been started and diligently prosecuted within six (6) months
of the date of such permit , and the ground story framework of
which, inclusive of walls, shall have been completed within such
time, and which entire building shall be completed , according to
such plans as filed, within two years from the date of the passage
of this ordinance.
1060 ENFORCEMENT, LEGAL PROCEDURE AND PENALTIES
It shall be the duty of the city manager, through the proper
departments, to enforce this ordinance.
Any person who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions
of this ordinance shall be guilty of a misdemeanor offense,
punishable by a fine of not less than $40.00, nor more than
$200.00. The imposition of one penalty for any violation shall
not excuse the violation nor permit it to continue, and each day
that the violation is maintained shall constitute a separate
offense. The application of such penalty shall not be held to
prevent the enforced removal of prohibited conditions.
1065 ANNEXED TERRITORY
All territory hereafter annexed to the City of Wichita Falls shall
be temporarily classified as SF-1 Single Family Residential
District, until a permanent zoning classification is given to the
area by the City Council .
The procedure for establishing a permanent zoning classification
shall be the same as is provided by law for amendment of the
zoning ordinance.
2DDG DEF I tV I T I DIVE
2010 PURPOSE
The purpose of this section is to define the terms used in this
ordinance and to promote consistency in the interpretation of the
Zoning Ordinance. For the purpose of this ordinance, all terms or
words used herein shall be interpreted as set forth in this
section , except where the context of such words or phrases clearly
indicates a different meaning or construction. Sections 2000
through 2999 shall be known as Definitions.
2020 GENERAL CONSTRUCTION OF LANGUAGE
The following general construction of language shall apply to the
textual provisions of this ordinance:
Conjunctions. The following conjunctions shall be interpreted as
follows:
A. "And" indicates that all connected items or provisions apply.
B. "Or" indicates that the connected items or provisions may apply
singly or in any combination.
C. "Either or" indicates that the connected items or provisions
shall apply singly but not in combination.
Illustrations. In case of any difference of meaning or
implication between the text of any provision and any
illustration , the text shall control .
Person. The word person includes a firm, association ,
organization , partnership , trust , company, or corporation as well
as an individual .
Shall & May. The word shall is mandatory, and the word may is
discretionary.
Tenses & Numbers. Words used in the present tense include the
future tense, and the singular number includes the plural , and the
plural number includes the singular, unless the text clearly
indicates the contrary.
Used or Occupied include the words intended , designed , or arranged
to be used or occupied.
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2030 TERMS DEFINED
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ABUTTING
Having adjoining or common boundaries. '
ACCESSORY BUILDING
A building which is incidental to and associated with the primary use or
principal building on the same site.
ACCESSORY USE
It is clearly incidental to, customary to, and associated with a
principal permitted right of use (see Section 6500) .
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 modelling
for a consideration , and businesses or enterprises that offer for a
consideration , physical contact between persons when one or more of
such persons are nude or semi-nude, as defined in Section 20-23 of the
Wichita Falls Code of Ordinances as amended. (See Section 5500. )
AGRICULTURAL EQUIPMENT SALES AND SERVICE
Firms which sell or service large agricultural equipment including �~
tractors, large farm implements and irrigation equipment which
require outdoor storage.
AGENT OF OWNER
Any person who can show certified or written proof that he is acting
for the property owner.
AGRICULTURAL USES
Includes farming , stabling animals, raising animals excluding hogs,
and keeping animals in kennels.
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.
APARTMENT
See Multi-Family Residential Unit.
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BASE DISTRICT
A district established by this Ordinance to prescribe basic regulations
governing land use and site development. Not more than one base
district shall apply to the same portion of a site.
BASIC INDUSTRY
A use engaged in the basic processing and manufacturing of materials or
products predominately 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.
BOARDING HOUSE
A dwelling or part thereof , in which lodging is provided by the owner
or operator to more than three boarders.
BOARD OF ADJUSTMENT
An officially constituted body whose principal duties are to grant
variances from the strict application of the zoning ordinance (see
Section 7800) .
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 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 from there, 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.
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CARPORT
A roofed ,space, one story in height , coverL-d wi'th a flat or hipped roof.
and ordinarily used as a shelter under which vehicles are parked. `
CENTERLINE STREETS OR ALLEYS
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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, CIVIC
A building or portion of a building , together with the grounds and
related facilities, primarily used by an association of persons for
periodic meetings to promote special purpose activities such as
literature, science, or civic improvement.
CLUB, COMMUNITY
A building or portion of a building , together with the grounds and
related facilities, used primarily by an association of the residents
of a particular subdivision , neighborhood , or housing development and
by its members and guests for social or recreational purposes.
CLUB, PRIVATE
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.
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) .
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.
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 pro 'ortiona1 , undivided basis.
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CONTRACTORS' YARDS
Yards with outdoor storage of equiment and material, used by
contractors.
COMMON PARKING FACILITY
Parking facility shared by several sites or uses.
CONDITIONAL USE
See Section 7200.
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.
CONTIGUOUS
Next to, abutting , or touching and having a boundary, or portion
thereof , which is coterminous. See Abut.
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 curb line at which point vehicles may enter or
leave the roadway.
DAY CARE CENTER, LIMITED
A facility, or use of a building or portion thereof , for daytime care
of six (6) or fewer individuals. This term includes nursery schools,
pre-schools, day care centers for children or adults, and similar uses,
but excludes public and private primary and/or secondary educational
facilities.
DAY CARE CENTER, COMMERCIAL
Same as Day Care Center , Limited , but not limited to a maximum of six
(6) individuals.
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
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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.
DRIVE-IN SERVICE
A feature or characteristic of a use involving sale of products or
provision of services to occupants in vehicles, including drive-in
windows and drive-through services such as mechanical automobile
washing.
DRIVEWAY
A permanently surfaced (asphalt or gravel , or similar surfaces)
area providing vehicular access between a street and an off-street
parking or loading area.
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, ATTACHED
A single family attached dwelling constructed in a series or group of
not less than two contiguous units attached to each other.
DWELLING, DUPLEX OR TWO-FAMILY •
A building containing two (2) dwelling units each having a single front
entrance and being otherwise indistinguishable from a one (1 ) family
dwelling in exterior appearance.
DWELLING, MULTI-FAMILY
A building containing three (3) 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 multi-family dwelling in which units are available for
rental periods less than one (1 ) week shall be considered a hotel .
DWELLING, SINGLE-FAMILY
A building containing only one (1 ) dwelling unit. For regulatory use
purposes, the terms are not to be construed to mean mobile homes,
travel trailers, housing mounted on self-propelled or drawn vehicles,
tents, or other forms of portable or temporary housing.
DWELLING, SINGLE-FAMILY DETACHED
A one (1 ) family dwelling entirely separated from structures on
adjacent lots.
EASEMENT
A privilege or right of use or enjoyment granted on , above, under , or
across a particular tract of land by the owner.
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EAVES
The lower borders of a roof that overhangs the wall .
EDUCATIONAL FACILITY, PRIMARY
Public and Private elementary schools, generally through grade six .
EDUCATIONAL FACILITY, SECONDARY
Public and Private junior high and high schools, generally from grades
7 through 12.
EFFICIENCY APARTMENT
A dwelling unit consisting of one (1 ) room used as a combination living
and bedroom, along with a kitchen area and a bathroom.
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
A building in which semifinished or finished materials are converted to
a different form or state or where goods are manufactured , assembled ,
treated , or processed.
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
One or more persons related by blood , adoption , or marriage, or a group
of not more than six (6) unrelated persons occupying a single dwelling
unit. Domestic servants, employed on the premises, may be housed
without being counted as a family, and not more than three (3) boarders
may be accommodated. The term family shall not be construed to mean a
fraternity, sorority, club , or institutional group.
FAST-FOOD RESTAURANT
An establishment whose principal business is the sale of pre-prepared
or rapidly prepared food directly to the customer in a ready-to-consume
state for consumption either within the restaurant building or off
premises.
FENCE
An artificially constructed barrier of any material or combination of
materials erected to enclose or screen areas of land.
FENCE, PRIVACY
A fence constructed of masonary and/or wood having a minimum height of
6 feet.
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FINANCE, INSURANCE AND REAL ESTATE
Establishments such as, but not limited to, banks and trust companies,
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credit agencies, investment companies, brokers and dealers of
securities and commodities, security and commodity exchanges , insurane
agents, lessors, lessees, buyers, sellers, agents and developers of
real estate.
FLOOD
See Section 4500
FLOOD PROOFING
See Section 4500
FLOOD PLAIN
See Section 4500
FLOODWAY
See Section 4500
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.
FRONTAGE, LOT
The length of street frontage between property lines.
FRONTAGE, STREETS
The length of all property on one (1 ) side of a street between two (2)
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
(1 ) side between an intersecting street and the end of the dead end
street.
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.
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, ATTACHED
A garage which has one (1 ) or more walls common with the principal
building on the lot , or which is attached to the principal building by
an enclosed porch , or passageway, the roof of which is a part of , or
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extension of , the roof of the principal building , and for the purpose
of the height and area regulations of this ordinance such a garage is
to be considered a part of the principal building.
GARAGE, DETACHED
A garage wholly separated and independent of the principal building on
a lot or connected to the principal building by an unenclosed or
latticed passageway, pergola, arbor , or covered walk. Such a structure
is considered an accessory building.
GARAGE, PRIVATE
A building for the storage of motor vehicles where no repair facilities
are maintained and where no motor vehicles are kept for hire or sale
and where no filling station may be maintained.
GARAGE, PUBLIC
Any building , except those described as a private garage, where motor
vehicles are equipped for operation , repaired , or kept for
remuneration, hire, or sale, and where a filling station may be
maintained.
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.
GROSS LEASABLE AREA (GLA)
Total floor area designed for tenant occupancy and exclusive use
including basements, mezzanines, and upper floors, if any; expressed in
square feet and measured from the centerline of joint partitions and
from outside wall faces.
HAZARDOUS MATERIAL
Includes, but is not limited to, inorganic mineral acids of sulphur ,
flourine, 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.
HEIGHT
See Section 4300.
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 OWNERS ' ASSOCIATION
An incorporated nonprofit organization operating under recorded land
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agreements' through which: a) each lot owner in a planned development or '
other described land area is automatically 'a meinber , 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. 411
HOME OCCUPATION
See Section 5100.
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 .
INDOOR SPORTS AND RECREATION
Uses conducted within an enclosed building. Typical uses include
bowling alleys, billiard parlors, ice and roller skating rinks, penny
arcades, electronic video games, and indoor racquetball courts.
INTERNAL CIRCULATION PATTERN
Streets and access ways within a site.
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.
JUNK YARD
A place where waste, discarded or salvaged materials are bought , sold ,
exchanged , haled , packed , disassembled , or handled , including auto
wrecking yards, house wrecking yards, used lumber yards, and places or
yards for storage of salvaged house wrecking and structural steel
materials and equipment; but not including pawn shops and
establishments for the sale, purchase or storage of used furniture and
household equipment when conducted entirely within a completely
enclosed building , or the sale of used cars in operable condition.
KENNEL
Any premises, except where accessory to an agricultural use, where six
(6) or more dogs, cats, or other domesticated pets are kept. (See
Chap. 5, Wichita Falls Code of Ordinances. )
KINDERGARTEN OR DAY NURSERY
A school for children of prepublic school age in which constructive
endeavors, object lessons, and helpful games are prominent features of
the curriculum.
LAND OWNER
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
land owner for the purpose of this ordinance.
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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.
LANDMARK
See Section 6300.
LANDSCAPE
An expanse of natural scenery or the addition of lawns, trees, plants,
and other natural and decorative features to land.
LOCAL UTILITY SERVICES
Equipment and lines needed by local gas, electric , telephone, sewer and
water utilities to provide service.
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.
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.
LOT
A parcel of land described and recorded as a lot in the records of
Wichita County, Texas, 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 and the open spces
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 (2) or more streets.
LOT COVERAGE
That portion of the lot that is covered by buildings and structures.
14
. . .
. ` . .
'.
. . . '
LOT DEPTH. '
The 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 (2) streets.
LOT WIDTH
The horizontal distance between the side lines of a lot measured at
right angles to its depth along a straight lne 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.
MALL .
( 1 ) A shaded walk or public promenade; (2) A shopping center where
stores front on both sides of a pedestrian way which may be enclosed or
open.
MANUFACTURED HOME
"Manufactured" home shall include a modular home or a HUD-Code
manufactured home, as defined by Article 5221f V. T. C. S. , constructed
after January 1 , 1985 which meets the conditions and limitations of
Section 5600 of this Ordinance. The term does not include
mobile homes; the term does not include attendant structures or
additions constructed on site such as garages, carports, utility-
rooms, living or recreational rooms, or enclosed porches or patios.
MANUFACTURING
Establishments engaged in the mechanical or chemical transformation of
materials or substances into new products including the assembling of
component parts, the manufacturing of products, and the blending of
materials such as lubricating oils, plastics, resins or liquors.
MARQUEE
Any hood , canopy, awning or permanent construction which projects from
a wall of a building , usually above an entrance.
METES AND BOUNDS
A method of describing the boundaries of land by directions and
15
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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
The extraction of minerals including solids, such as coal and ores;
liquids, such as crude petroleum; and gases, such as natural gases.
The 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.
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 that was constructed before June 15,
1976, transportable in one or more sections, which , in the traveling
mode, is eight body feet or more in width or 40 body feet or more in
length , or , when erected on site, is 320 or more square feet , and
which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the
required utilities, and includes the plumbing , heating ,
air-conditioning , and electrical systems, or a structure constructed
after June 15, 1976 and bearing a seal issued in accordance with
Section 5221f V.T.C. S. The term mobile home shall exclude homes
installed in accordance with the provisions of Section 5600.
MOBILE HOME PARK
Any tract of land , under single ownership , where accommodation is
provided for nontransient mobile home use.
MOBILE HOME SUBDIVISION
A tract of land laid out in accordance with Chapter 30 of the City of
Wichita Falls Code of Ordinances, for the specific purpose of providing
individual lots for the placement of mobile homes.
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.
NEIGHBORHOOD
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A contiguous ,area containing residences which are of siniilar 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 411
Any undesired audible sound.
NONCONFORMING DEVELOPMENT
See Section 6100. •
NUISANCE
An interference with the enjoyment and use of property.
NURSING HOME
Any premises where more than three (3) persons are lodged and furnished
with meals and nursing care.
OBSTRUCTION
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.
OFFICE
A room or group of rooms used for conducting the affairs of a business,
profession , service, industry, or government. 411
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.
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.
OPENINGS FOR LIGHT AND AIR
Any window, window wall , or glass panel located in the building , but
not including doors which are used only for ingress and egress.
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
•
17
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t
courts, and outdoor racquetball courts.
OUTDOOR STORAGE
The keeping , in an unroofed or unenclosed area of any goods, junk ,
material , merchandise, or vehicles in the same place for more than
twenty-four hours.
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 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.
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 , semi-detached , attached or
multi-family structures or any combination thereof and may also include
non-residential uses such as religious, cultural , recreational ,
commercial , or industrial uses, compatibly and harmoniously
incorporated into the unitary design of the Planned Unit Development.
18
•
PLANNING 'BOARD .
Same as 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 dimension 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 (3) sides, one (1 ) or more stories in
height.
PREMISE •
Any lot or unplatted tract , or any combination of contiguous lots or
unplatted tracts held under single ownership.
PROHIBITED USE
A use that is not permitted in a zone district.
PRIVATE RECREATIONAL AREAS, LIMITED
Outdoor and indoor recreational areas designed to meet the needs of a
residential neighborhood , and limited to the needs of the residents of
that neighborhood.
PUBLIC SAFETY SERVICES
Fire stations, ambulance services, and police stations.
PRIMARY AND SECONDARY EDUCATIONAL FACILITIES
Public and private schools through the 12th grade.
PET SERVICES
Pet grooming and boarding.
RELIGIOUS ASSEMBLY
Places of worship and activity where people gather . A property tax
exemption obtained pursuant to the Property Tax Code of the State of
•
19
Texas 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.
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.
RESIDENCE
A home, abode or place where an individual is actually living at a
specific point in time.
RESTAURANT
An establishment where food and drink are prepared, served and consumed
primarily within the principal building.
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 SERVICES
Establishments providing services or entertainment , as opposed to
products, to the general public , including eating and drinking places,
hotels and motels, finance, real estate and insurance, personal
services, motion pitures, amusement and recreation services, health ,
educational and social services, museums and galleries.
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, water line, 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.
20
. . .
. . . .
'
. .
SALVAGE YARD
See Junkyc�rds. ' .
- .
SCHOOL, PRIMARY
Includes grades one ( 1 ) through six (6) and may or may not include a
kindergarten.
SCHOOL, SECONDARY
Includes grades seven (7) through twelve ( 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;
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.
SERVICES
Establishments primarily engaged in providing services for individuals,
business and government establishments and other organizations; '
establishments providing personal , business , repair and amusement
services; health , legal , engineering , and other professional services;
educational institutions; membership organizations, and other
miscellaneous services.
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
The area between the required setback and the lot line on the side of
the lot for which the setback is being measured
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 line 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 (3) lot lines, those lot lines which do
not front on a street shall be deemed as side lot lines.
21
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.
Setbacks Through Lot
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REAR
SETBACK
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MEASURED ALONG
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22
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SHOPPING CENTER
A group of commercial establishments planned , constructed and managed
as a tota ' ent'ity 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, illumination or projected images. This definition shall not
include the national and state flag.
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.
STABLE
A structure with a capacity for more than two (2) horses or mules.
STOCKYARDS
Stockyards and commercial feedlots shall be defined for the purposes
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.
STRUCTURE
Anything constructed or erected on the ground or attached to the
ground , including but without limiting the generality of the foregoing
buildings, factories, sheds, cabins, mobile homes, or other similar
items.
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.
23
C
3000 Zoning District Types
and Regulations
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 fifty percent (50%) or represents an investment of greater
than fifty percent (50%) of the present market value of the existing
structure.
SUPERMARKET
A retail establishment primarily selling food as well as other
convenience and household goods.
SURGICAL CENTER
A facility where outpatients come for simple surgical procedures.
SWIMMING POOL
A water-filled enclosure, permanently constructed or portable, having a
depth of more than eighteen inches below the level of the surrounding
land , or an above-surface pool , having a depth of more than thirty
inches, designed , used and maintained for swimming and bathing.
TANK FARM
An open air facility containing a number of above-ground, large
containers for the bulk storage of material in liquid , powder or pellet
form.
TAVERN
An establishment used primarily for the serving of liquor by the drink
to the general public and where food or packaged liquors may be served
or sold only as accessory to the primary use.
TOWNHOUSE
A single-family dwelling unit constructed in a series or group of not
less than three (3) contiguous units, but limited in this ordinance to
a maximum of ten ( 10) 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.
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, PRIVATE OR PUBLIC
(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;
24
. .
. ,
'
(2) A cl-osely regulated private enterprise with an exclusive franchise
for providing ,a public service. ' '
. . ^
UTILITY SERVICES
� Establishments engaged in the generation , transmission and/or
distribution of electricity, gas or steam, including water and
K irrigation systems and sanitary systems used for the collection and
|
disposal of garbage, sewage and other wastes by means of destroying or
imaterials.
process ng
VARIANCE
See Section 7300.
WAREHOUSE
A building used primarily for the storage of goods and materials. (See
mini -warehouse. )
WAREHOUSING
Terminal facilities for handling freilght with or without maintenance
facilities.
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25
•
500a Z DIV I MG DISTRICT TYPES
!AMID REGLJLA"ir I DIVS
3010 ZONING DISTRICTS ESTABLISHED
The City of Wichita Falls is hereby divided into the following
zoning districts:
MAP CODE ZONING DISTRICT NAME SECTION NO.
SF-1 Single-Family Residential District 3040
(Large lot)
SF-2 Single-Family Residential District 3100
(Standard lot)
MFR Multi-Family Residential District 3170
RMU Residential Mixed Use District 3250
MHR Mobile Home Residential District 3320
LC Limited Commercial District 3370
GC General Commercial District 3450
HC Heavy Commercial District 3510
HI Heavy Industrial District 3580
Special Purpose Zoning Districts
PUD Planned Unit Development District 3640
RDD River Development District 3700
CBD Central Business District 3780
3020 APPLICATION OF ZONING DISTRICTS
A zoning district shall apply to each lot , parcel , or
site within the city. A zoning district designation may
apply also to a portion of a site.
3030 HIERARCHY OF ZONING DISTRICTS
References to less restrictive and more restrictive zoning
districts shall refer to the zoning districts established in
Section 3010, and shall represent a progression from SF-1 Single
Family Residential (Large lot) being the most restrictive
to HI Heavy Industrial as the least restrictive. The special
purpose zoning districts shall not be included in the hierarchy.
3035 PERMITTED & CONDITIONAL USES
Uses allowed in each zoning district shall be in accordance with
the permitted and conditional uses listed for each district. Uses
which are not specifically listed , but are similar in nature and
meet the purpose of the zoning district , may be allowed by the
Planning & Zoning Commission.
26
3040 SF-1 SINGLE-FAMILY RESIDENTIAL DISTRICT (LARGE LOT)
3050 PURPOSE
The purpose. of the .-SF-1 Single Family Residential District (Large
lot) is to preserve low density, large lot single-family
development. This district is suitable where there are large lots
of 8,500 sq. ft. or more.
3060 PERMITTED USES
A. The following uses are permitted in the SF-1 district:
Residential uses
- Single family residential
B. The following uses are permitted in the SF-1 district subject
to the Site Plan Review provisions of Section 7100.
Civic uses
- Parks
-- Primary Educational Facility
3070 CONDITIONAL USES
The following uses are permitted in the SF-1 district subject to
the approval process provided in Section 7200:
1 •Residential Uses •
- Zero Lot Line Single Family Residential subject to the
provisions of Section 5200
- Manufactured homes subject to the provisions of Section 5600
Civic Uses
- Local Utility Services
- Public Safety Services
- Religious Assembly •
Commercial Uses
- Oil drilling subject to. the provisions of Chapter 21 of the
Wichita Falls Code of Ordinances, as amended.
3080 DEVELOPMENT REGULATIONS
Each site in the SF-1 District shall be subject to the following
site regulations except zero lot line single family residential
uses:
1 . Lot area: 8,500 sq. ft. , minimum for single family
residential ; 5,000 sq. ft. minimum for other uses
2. Lot width: 60 ft. , minimum for single family residential ; 50
ft. minimum for other uses.
3. Residential density: 1 dwelling unit per lot , maximum
•
27
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4. Height: 35 ft. , maximum
5. Front setback: 25 ft. , minimum
6. Side setback , interior: 5 ft. , minimum
7. Side setback, exterior: 15 ft. , minimum except 25 ft. minimum for
non-residential
8. Rear setback: 10 ft. , minimum
9. Building coverage: 40% of lot area, maximum
Note: See Section 4600 for buffering requirements.
3100 SF-2 SINGLE-FAMILY RESIDENTIAL DISTRICT (STANDARD LOT)
3110 PURPOSE
The purpose of the SF-2 Single Family Residential District
(Standard lot) is to provide for residential areas that are
protected from intrusion by uses which diminish the quality of
the neighborhood , and to promote visually attractive and quiet
neighborhoods. This district is suitable for existing residen-
tial areas as well as for development of additional single family
residences.
3120 PERMITTED USES
A. The following uses are permitted in the SF-2 district:
Residential Uses
- Single Family Residential
B. The following uses are permitted in the SF-2 district subject
to the Site Plan Review provisions of Section 7100:
Residential Uses
-Zero Lot Line Single Family Residential subject to the
provisions of Section 5200
Civic Uses
-Parks
-Primary Educational Facility
3130 CONDITIONAL USES
The following uses are permitted in the SF-2 district subject
to the approval process provided in Section 7200:
Residential Uses
- Duplex Residential
- Manufactured homes subject to the provisions of Section 5600
Civic Uses
- Day care centers, limited
28
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- Library,' Public
- Local Utility Services
- Public Safety Services - , •
- Religious Assembly
- Secondary Educational Facility •
Commercial Uses
- Oil drilling subject to the provisions of Chapter 21 of
the Wichita Falls Code of Ordinances as amended.
,f 3140 DEVELOPMENT REGULATIONS
Each site in an SF-2 District shall be subject to the following
site regulations except for zero lot line single family
residential use.
1 . Lot area: 5,000 sq. ft. , minimum
2. Lot width: 50 ft. , minimum
3. Residential density: no more than one dwelling unit per
lot , except for duplex residential .
4. Height: 35 ft. , maximum
5. Front setback: 25 ft. , minimum
6. Side setback , interior: 5 ft. , minimum
7. Side setback , exterior: 15 ft. , minimum except 25 ft. minimum
for non-residential use.
8. Rear setback: 10 ft. , minimum
9. Building coverage: 40% of lot area, maximum
Note: See Section 4600 for buffering requirements.
•
3170 MFR MULTI-FAMILY RESIDENTIAL DISTRICT
3180 PURPOSE
The purpose of the MFR Multi Family Residential district is to
accommodate multi-family residential units which provide basic
services and facilities to residents, including parking and useful
recreation areas. These districts would be located near major
streets and commercial facilities and other selected areas where
multi-family uses may be desirable.
3190 PERMITTED USES
A. The following uses are permitted in the MFR district:
Residential uses
- Duplex Residential
- Single-Family Residential
Civic uses
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29
- Day Care Centers, Limited
- Private recreational areas, limited
B. The following uses are permitted in the MFR district
subject to the Site Plan Review provisions of Section 7100:
Residential uses
- Boarding House
- Condominiums, Residential
- Fraternity & Sorority Houses
- Multi-family residential up to 25 units per acre
- Townhouse residential subject to the provisions of
Sec. 5300
- Zero lot line single family residential subject to the
provisions of Section 5200
Civic Uses
- Day care centers, commercial
- Library, Public
- Local Utility Services
- Parks
- Primary & Secondary Educational Facility
- Public Safety Services
- Religious Assembly
Commercial uses
- Oil drilling subject to provisions of Chapter 21 of the
Wichita Falls Code of Ordinances as amended.
3200 CONDITIONAL USES
The following uses are permitted in the MFR district subject to
the approval process provided in Section 7200:
Residential uses
- Multi-family residential exceeding 25 units per acre
- Manufactured homes subject to the provisions of Section 5600
Civic uses
- Convalescent services
3210 DEVELOPMENT REGULATIONS
Each site in an MFR District shall be subject to the following site
regulations except for zero lot line single family residential and
townhouses:
1 . Lot area: 5,000 sq. ft. , minimum
2. Lot width: 50 ft. , minimum
3. Front setback: 25 ft. , minimum
4. Side setback , int. : 5 ft. , minimum
5. Side setback ext. : 25 ft. minimum except 15 ft. minimum for
single-family residential .
30
• •
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6. Rear setback: 10 ft.
7. Height: 40 ft. , maximum, except for multi-family exceeding 25 '
units per acre.
8. Building Coverage: 507. of lot area, maximum
9. Open Space: 20% of Lot Area, minimum, for multi-family •
CI residential use containing 25 units or more.
See Section 4600 for buffering requirements.
3250 RMU RESIDENTIAL MIXED USE DISTRICT
•
3260 PURPOSE
The purpose of the RMU Residential Mixed Use district is to
accommodate areas which now have residential uses intermixed
with various types of non-residential uses. Due to the mixed use
character of these areas, commercial uses will be allowed as
conditional uses.
3270 PERMITTED USES
A. The following uses are permitted in the RMU district:
Residential Uses:
dl - Duplex Residential
- Single-Family Residential •
Civic Uses:
- Day Care Centers, Limited
- Private Recreational areas, limited
Commercial Uses:
- Agricultural , livestock , poultry and other animals as
permitted by Chapter 5 of the Wichita Falls Code of Ordinances,
as amended , in lots which have a minimum area of 10,000 sq. ft.
B. The following uses are permitted in the RMU district subject to
the Site Plan Review provisions of Section 7100:
Residential Uses:
- Boarding House
- Condominium Residential
- Fraternity & Sorority House
- Multi-family residential up to 25 units per acre
- Townhouse residential subject to the provisions of Section 5.300
- Zero-lot line single family residential subject to the provisions
of Section 5200
Civic Uses:
- Convalescent Services
•
31
•
- Day care centers, Limited ac Commercial
- Library, Public
- Local Utility Services
"°Akav-
- Parks
- Primary & Secondary Educational Facility
- Public Safety Services
- Religious Assembly
Commercial Uses:
- Oil drilling subject to the provisions of Chapter 21 of the
Wichita Falls Code of Ordinances as amended.
3280 CONDITIONAL USES
The following uses are permitted in the RMU district subject to
- the approval process provided in Section 7200:
Residential Uses:
- Mobile home parks, subdivisions, subject to the provisions of
Chapter .30 of the Wichita Falls Code of Ordinances as amended.
- Individual mobile homes
- Manufactured homes subject to the provisions of Section 5600
- Multi-family residential uses exceeding 25 units per acre
Commercial Uses:
- Alcoholic beverage sales subject to the provisions of Section
5400
- Auto Sales 8< Services
- Boat Sales ?< Service
- Business & Trade Schools
- Colleges & Universities
- Exterminating Service, without chemical storage
- Funeral Services
- General Retail Sales
- Hotels & Motels
- Kennels & Stables
- Medical Clinics & Hospitals
- Movie Theaters & Indoor Recreational Facilities
- Offices
- Outdoor Commercial Storage Yards
- Parking Facilities
- Pet Services
- Private Clubs & Lodges
- Radio & T.V. Transmitting Towers
- Repair Services
- Restaurants
- Self-storage Facilities
- Service Stations
- Veterinary Clinics & Hospitals
Heavy Commercial Uses:
- Warehousing facilities
3290. DEVELOPMENT REGULATIONS
Each site in the RMU district shall be subject to the
following development regulations except for zero lot line •
residential , townhouses, and mobile home parks and subdivisions.
1 . Lot area: 5,000 sq. ft. , minimum
2. Lot width: 50 ft. , minimum
3. Front setback: 25 ft. , minimum
4. Side setback , int. : 5 ft. minimum
5. Side setback , ext. : 25 ft. minimum except 15 ft. minimum for
single family residential
S. Rear setback : 10 ft. minimum
7. Height: 35 ft. , maximum
8. Building Coverage: 55/. of lot area, maximum.
9. Open Space: 207. of lot area, minimum, for multi-family
residential use containing 25 units or more .
Note: See Section 4600 for buffering requirements.
3320 MHR MOBILE HOME RESIDENTIAL DISTRICT
3330 PURPOSE
The purpose of the MHR Mobile Home Residential District is to
accommodate mobile home parks and subdivisions with standards thill
assure adequate spacing and other site standards.
3340 PERMITTED USES
The following uses are permitted in the MHR district subject to
the Site Plan Review provisions of Section 7100:
- Mobile Home Parks and Mobile Home Subdivisions subject to
Chapter 30 of the Wichita Falls Code of Ordinances as amended.
3350 DEVELOPMENT REGULATIONS
The development regulations for the MHR district shall be
subject to the provisions of Chapter 30 of the Wichita Falls Code
of Ordinances as amended.
3370 LC LIMITED COMMERCIAL DISTRICT
3380 PURPOSE
111
The purpose of. the LC Limited Commercial District is to
accommodate small offices and limited commercial activities.
These districts are intended to be adjacent to residential areas
and act as a buffer between residential and more intense uses.
3390 PERMITTED USES
A. The following uses are permitted in the LC district:
Residential Uses:
- Duplex residential •
- Single-Family residential
Civic Uses:
- Day care centers, limited
- Private receational areas, limited
B. The following uses are permitted in the LC district subject to
the Site Plan Review provisions of Section 7100 and to the
provisions of Section 3420. Special Conditions.
Residential Uses:
- Boarding House
- Condominiums Residential
- Fraternity & Sorority Houses
- Multi-family residential up to 25 units per acre
- Townhouse residential subject to the provisions of Section 5300
- Zero lot line single family residential subject to the
provisions of Section 5200
Civic Uses:
- Library, Public
- Local utility services
- Parks
- Primary & Secondary educational facility
- Public Safety services
- Religious Assembly
Commercial Uses:
- Offices
- Oil drilling subject to the provisions of Chapter 21 of the
Wichita Falls Code of Ordinances as amended.
3400 CONDITIONAL USES
The following uses are permitted in the LC district subject to the
approval process provided in Section 7200 and to the provisions of
Section 3420 Special Conditions.
Residential Uses:
- Multi-family uses exceeding 25 units per acre
}
34
•
- Manufactured homes subject to the provisions of Section 5600
Civic Uses ' ` -
- Day care centers, commercial
Commercial Uses: •
- Convenience Stores
- General Retail excluding auto sales, supermarkets, and
department stores, and alcoholic beverage sales
- General Services excluding auto repair and restaurants
3410 DEVELOPMENT REGULATIONS
Each site in an LC District shall be subject to the following
development regulations, except for zero lot line residential and
townhouses.
1 . Lot area: 5,000 sq. ft. , minimum
2. Lot width: 50 ft. , minimum
3. Front setback: 25 ft. minimum
4. Side setback , int. : 5 ft. minimum
5. Side setback , ext. : 25 ft. minimum except 15 ft. minimum for
single family residential
6. Rear setback: 10 ft. minimum
7. Height: 35 ft. maximum
8. Building coverage: 55% of lot area, maximum
9. Open Space: 207. of lot area, minimum, for multi-family
residential use containing 25 units or more.
•
Note: See Section 4600 for buffering requirements.
3420 SPECIAL CONDITIONS
A. Small offices, retail and service facilities involving only
limited vehicular traffic and parking shall be allowed in the
LC district. They shall be considered as adaptive reuse of
existing structures or as new structures which are compatible
with the residential character. No drive-through service,
or repair service of any kind shall be allowed , and outdoor
storage of any kind shall be prohibited.
B. Signage must be of a limited nature and shall be no higher than
20 feet.
C. Hours of operation shall be limited to no earlier than 6: 00
a. m. and no later than 11 : 00 p. m.
111
3450 GC GENERAL COMMERCIAL DISTRICT
3460 PURPOSE
The purpose of the GC General Commercial district is to
accommodate commercial activities of a retail and service nature.
These areas would be located along major streets and encouraged to
use site designs which have mutual benefits with other businesses
in the area.
3470 PERMITTED USES
A. The following uses are permitted in the GC district:
Residential Uses
- Duplex Residential
- Single-Family Residential
B. The following uses are permitted in the GC district subject to
the Site Plan Review provisions of Section 7100.
Residential Uses:
- Boarding House
- Condominium Residential
- Fraternity & Sorority House
- Multi-family residential
- Townhouse residential subject to the provisions of Section 5300
- Zero lot-line single family residential subject to the
provisions of Section 5200
Civic Uses:
- Colleges & Universities
- Convalescent services
- Day care centers, limited & commercial
- Library, public
- Local utility services
- Museum & Art gallery
- Parks
- Primary & Secondary educational facility
- Public safety services
- Religious Assembly
Commercial Uses:
- Alcoholic beverage sales subject to the provisions of Section
5400
- Automotive sales & service
- Boat sales & service
- Business & Trade schools
- Exterminating services without chemical storage
- Funeral Services
- General Retail
- Hotels & Motels
- Medical clinics & Hospitals
- Movie theaters & indoor recreational facilities
- Offices, •
- Oil drilling subject to the provisions of Chapter 21 of the •
Wichita Falls Code of Ordinances, as amended
- Parking Facilities •
- Pet Services
- Private Clubs ?< Lodges
- Repair Services
- Restaurants
- Self-storage facilities •
- Service Stations
- Shopping malls
- Veterinary Services
3480 CONDITIONAL USES
The following uses are permitted in the GC district subject to
the approval process provided in Section 7200:
- Manufactured homes subject to the provisions of Section 5600
- Outdoor entertainment and recreation
- Outdoor storage
- Warehousing
3490 DEVELOPMENT REGULATIONS
Each site in the GC district shall be subject to the following
development regulations except for Townhouse ?< Zero lot-line
residential use: •
1 . Lot area: 5,000 sq. ft. , minimum
2. Lot width: 50 ft. , minimum
3. Front setback: 25 ft. , minimum
4. Side setback , interior and back setback: No minimum
5. Side setback , exterior: 25 ft. , minimum
6. Height: No maximum
7. Building coverage: No maximum
8. Open Space: 20% of lot area, minimum, for multi-family
residential containing 25 units or more.
Note: See Section 4600 for buffering requirements.
3510 HC HEAVY COMMERCIAL DISTRICT
3520 PURPOSE
The purpose of the HC Heavy Commercial district is to accommodate
wholesale, trucking and warehousing type activities along with
light fabrication and processing.
•
37
xu sw�examm�mx e v, ti ,. m .a' um,.u;w _, �v,�VattlYtt4C7nwNoi ww
3530 PERMITTED USES
The following uses are permitted in the HC district subject to the
Site Plan Review provisions of Section 7100:
Civic Uses:
- Local utility services
- Public safety services
- Religious assembly
Commercial Uses:
- Alcoholic beverage sales subject to the provisions of Section
5400
- Automotive sales & service
- Boat sales & service
- Business & Trade schools
- Exterminating services without chemical storage
- Funeral services
- General retail
- Hotels & Motels
- Medical clinics & Hospitals
- Movie theaters & Indoor recreational facilities
- Offices
- Oil drilling subject to the provisions of Chapter 21 of the
Wichita Falls Code of Ordinances, as amended.
- Outdoor entertainment & recreation
- Outdoor storage
- Parking Facilities
- Pet Services
- Private clubs & Lodges
- Repair services
- Restaurants
- Self-storage facilities
- Service stations
- Sexually oriented commercial establishments & Adult
Entertainment facilities subject to the provisions of Section
5500
- Shopping Malls
- Veterinary services
Heavy Commercial Uses
- Agricultural equipment & Sales
- Heavy machinery sales
- Individual mobile home as accessory use
- Light fabricating & processing
- Lumberyards
- Oil drilling subject to the provisions of Chapter 21 of the
Wichita Falls code of Ordinances, as amended.
- Oil Field Equipment sales & Service
- Mobile home sales and fabricating
- Trucking facilities
- Warehousing
38
3540 CONDITIONAL USES
1 The following uses are permitted in the HC district subject to the
approval process in Section 7200: •
- Airports
- Exterminating services with on-site chemical storage.
- Excavation and mining operations
- Fuel 'y chemical storage
- Salvage yards as permitted in Chapter 20, Article III of the
Wichita Falls Code of Ordinances, as amended.
- Slaughter house '< meat packing
3550 DEVELOPMENT REGULATIONS
Each site in the HC district shall be subject to the following
development regulations:
1 . Lot area: 5,000 sq. ft. , minimum
2. Lot width: 50 ft. , minimum
3. Front setback: 25 ft . , minimum .
4. Side setback , int. : No minimum
5. Side setback , ext. : 25 ft. , minimum
6. Rear setback: No minimum
7. Height: No maximum
8. Building coverage: No maximum
Ir Note: See Section 4600 for buffering requirements.
•
3580 HI HEAVY INDUSTRIAL DISTRICT
3590 PURPOSE
The purpose of the HI Heavy Industrial District is to accommodate
major industrial developments that are typically located on large
sites. These areas generate heavy traffic and are typically
located near freeways and railroad facilities.
3600 PERMITTED USES
The following uses are permitted in the HI district subject to the
Site Plan Review provisions of Section 7100
Civic Uses:
- Local utility. services
- Public safety services
Commercial Uses:
- Restaurants
•
39
Heavy Commercial Uses:
- Agricultural equipment sales
- Airports
- Excavation & Mining operations
- Fuel & Chemical storage
- Heavy machinery sales
- Individual mobile home as accessory use
- Light fabricating & processing
- Lumberyards
- Oil drilling subject to the provisions of Chapter 21 of the
Wichita Falls Code of Ordinances, as amended.
- Oil Field Equipment sales & service
- Mobile home sales and fabricating
- Trucking Facilities
- Warehousing Facilities
Industrial Uses:
- Basic Industry & Manufacturing
- Power generation
- Refineries
3610 DEVELOPMENT REGULATIONS
The development regulations for the HI district shall be the same
as in Section 3550 of the HC district.
3640 PUD PLANNED UNIT DEVELOPMENT DISTRICT
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 developments of multiple or mixed
housing , or appropriate combinations thereof for specialized
purposes would be suitable.
3660 APPROVAL PROCESS
The approval process for a PUD district shall be the same as the
Amendment Procedures in Section 7500. The City Council 's approval
of a PUD shall be by amendment to the Zoning Ordinance. Such
amendment shall designate the boundaries of the district and
include such conditions which in the judgement of the City Council ,
are necessary to secure the health , safety, and general welfare
of the community.
3670 SUBMISSION REQUIREMENTS
A. PROJECT DESCRIPTION: The applicant shall submit a clear and
40
•
•
concise 'rport containing the following information:
1 . A ,general description of the project.
2. A statement of design objectives of the PUD. ' - •
3. Total project acreage, the acreage associated with each use,
the number of residential units, the square footage of
411
non-residential uses, projected number of employees, and
projected peak customer visits, if applicable.
4. A proposed timetable or phasing of the project.
5. Alternative designs if any, which the developer wishes to be
reviewed.
B. SITE PLAN: The applicant shall submit a site plan which shall
include the following information:
1 . The location of all proposed uses including buffer areas.
2. The outlines and square-footages of all structures, except for
detached single-family structures or duplexes.
3. The locations of all driveways.
4. The use of all properties adjacent to or directly affected by
the PUD.
5. Alternate designs proposed by the developer.
6. Any adjacent or near-by property which the developer owns or
holds a purchase option.
3680 APPROVAL CRITERIA
The following criteria shall be used to review a PUD, or to
establish any special condition of approval :
1 . The proposal shall be in conformance with the land-use plan and
all other plans and policies adopted by the City of Wichita •
Falls.
2. The proposed PUD should be compared against probable
development patterns which would occur under existing zoning
districts.
3. The PUD shall have a minimum site area of 5 acres. Larger areas
may be required , if necessary , to meet the stated design
objectives,
4. The proposed project should not overburden utilities, drainage,
transportation , schools, fire-protection capabilities , parks,
or other public services.
3690 AMENDMENTS AND CHANGES
At the time of approval , the City Council may approve or
conditionally approve alternative designs 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.
C. The location , area, or outline of buildings if the changes do
not significantly increase or redistribute the intensity of
•
41
uses or decrease amenities of the project.
3. Minor changes in lot lines which do not significantly alter the
project.
B. The Planning and Zoning 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 drainageway.
All other amendments shall be referred to the City Council using
the same procedure as the original designation.
3700 RDD RIVER DEVELOPMENT DISTRICT
3710 PURPOSE
The purpose of a River Development district is to provide a
facility for recreation and leisure and to enhance tourism. The
district shall incorporate uses that will upgrade the river
environment into a permanent recreational and commercial
facility.
3720 PERMITTED USES
The following uses are permitted in the RDD district subject to
the Site Plan Review provisions of Section 7100:
Residential uses
- Condominium Residential
- Multi-family Residential
- Townhouse residential subject to the provisions of 5300.
Civic uses
- Convention Center
- Local utility services
- Public safety services
- Religious assembly
Commercial uses
- Alcoholic Beverage sales subject to the provisions of Section
5400
- General retail services
- Hotels & Motels
- Offices
- Private clubs & Lodges
- Restaurants
- Shopping malls
3730 CONDITIONAL USES
42
. .
� .
� The following uses are permitted in the RDD district subject to
the approval process provided in Section 7200: ' ^ '
� - Outdoor entertainment and recreation
3740 DEVELOPMENT REGULATIONS
Each site in the River Development District shall be subject to
the same development regulations as provided for in Section 3490,
the General Commercial District.
3750 SPECIAL CONDITIONS
1 . Each site within the RD district must meet substantial
landscaping requirements to meet the purpose of a linear park
] system.
� 2. Conservation of existing trees and natural areas shall be
given consideration.
3. Dedication of open-space easements may be required to install
a linear trail system.
( 4. To the greatest extent possible, businesses and other public
facilities must orient the buildings to face the river.
/ 5. Signs must be approved through the site plan review process.
1
3780 CBD CENTRAL BUSINESS DISTRICT
3790 PURPOSE
The purpose of the CBD is to provide a commercial core area
with wide variety of office, commercial , residential , and civic
activities. This district consists primarily of older business
/ structures which predate the modern shopping center concepts, and
special provisions are made for off-street parking , height , and
area regulations. There shall be only one contiguous Central
Business District in the city.
3200 PERMITTED USES
The following uses are permitted in the Central Business District
subject to the Site Plan Review provisions of Section 7100.
/ - All uses permitted in Section 347() of the GC district.
3220 DEVELOPMENT REGULATIONS
43
Each site in a central business district shall be subject to the
following development regulations:
1 . Lot area & width: No minimum
2. Setbacks: As required by Chapter 7, Buildings of the Wichita
Falls Code of Ordinances as amended
3. Height: No maximum
4. Building cov. : No maximum
5. Parking & loading: See Section 6240, Special Provisions for
CBD
Note: See Section 4600 for buffering requirements.
44
C
C
C 4000 Supplemental Development
Regulations
410100 SUF�F}LEMI=VITAL DEVELOPMEIVT
FZEGUL_AT I OIVS
4010 PURPOSE
The purpose of the Supplemental Development Regulations is to
provide interpretation of site development regulations and to
establish regulations and exceptions. Section 4000 through
4999 shall be known as the Supplemental Development Regulations.
4100 LOT AREA AND DIMENSIONS
4110 MEASUREMENT OF LOT AREA
The area of a lot for the purposes of compliance with the Zoning
Ordinance shall be the net horizontal area within the lot boundary
lines and shall exclude any street or alley rights-of-way.
4120 REDUCTION DUE TO PUBLIC ACQUISITION
If a portion of a legally existing lot is acquired for public use
in any manner including dedication , condemnation , or purchase, the
remainder of such lot shall be considered as complying with the
requirements of the Zoning Ordinance.
4130 MEASUREMENT OF LOT WIDTH
Lot width shall be measured between the side lot lines along the
minimum required front setback line, or the front lot line if no
front setback is required.
4200 SETBACK
4210 MEASUREMENT OF SETBACK REQUIREMENTS
A required setback shall be measured parallel to and for the entire
length of the lot line on the side of the lot for which the setback
is being measured. No building or structure shall be located ,
erected , or altered so as to have a smaller setback than the minimum
setback required by the Zoning Ordinance. The area between the
setback and the lot line on the side of the lot for which the
setback is being measured , shall be known as the setback area.
4220 PROJECTIONS AND STRUCTURES ALLOWED IN SETBACK AREAS
A required setback area shall be kept free of any building or
structure including carports except that buildings, structures,
or projections shall be allowed as provided below:
45
A. Cornices; window sills, flues and chimneys, and eaves may
project two (2) feet into the required setback area.
B. Fences may project into the front , side and back setback
areas. However ,fences shall not extend into the front setback
area of single-family and duplex residential uses.
C. Uncovered steps, porches, or patios which are no more than 2
feet above the adjacent grade may be placed within the required
setback area.
D. Uncovered 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 sq. ft. 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 1 foot from the property line.
G. Signs may be placed within the required setback areas as
provided for in Section 6700 Sign Regulations.
4230 REAR SETBACK OF THROUGH LOT
The minimum rear setback on a through lot shall be the same as the
front setback requirement on the lot. No accessory buildings shall
be allowed within a rear setback area of a through lot. Signs
may be placed in the front setback area under the provisions of
Section 6700.
4300 HEIGHT
4310 MEASUREMENT OF HEIGHT
The height of a building shall be measured from the average of the
highest and lowest grade adjacent to the building to the highest
point of the coping of a flat roof , deck line of a mansard roof , or
to the average height of the highest gable on a pitched or hipped
roof . The height of a structure other than a building shall be
measured to the highest point of the structure.
4320 EXCEPTIONS TO HEIGHT LIMITATIONS
The following structures may exceed the maximum height limitations
subject to the limitations of Section 6400, Airport Zoning
46
•
Regulations and the following conditions:
A. Church spires or steeples, flagpoles, and amateur radio
transmitting antennas may project beyond the maximum allowable
height.
B. Chimneys, vent-stacks, radio and television receiving antennas,
elevator penthouses, mechanical equipment rooms, cooling
towers, fire escapes, tanks, and ornamental cupolas and domes
erected on the top of buildings may project beyond the maximum
allowable height by no more than twelve ( 12) feet.
4400 BUILDING COVERAGE REGULATIONS
4401 PURPOSE
The purpose of the building coverage limitations is to ensure that
the building coverage of each site is compatible with the types of
uses allowed in each district and to avoid overcrowding of sites
with buildings.
4402 MEASUREMENT OF BUILDING COVERAGE
Building coverage shall be measured as the total horizontal area
of all buildings and roofed or covered spaces expressed as a
percent of total lot area. The outer two (2) feet of roof over-
hangs will not be counted as building coverage.
4450 OPEN SPACE
4451 PURPOSE
The purpose of the open space requirements is to ensure the
provision of outdoor areas for landscaping and open space.
4452 MEASUREMENT OF OPEN SPACE
Open space shall be measured at ground level as a percent of the
total lot area. Open spaces must meet the following standards:
A. Off-street parking and loading areas, driveways and service
areas shall not be counted as open space.
B. Any setback area requirements on a street side shall not be
counted as open space.
C. Open spaces shall have no dimension less than fifteen (15)
feet.
47
4500 FLOODPLAIN REGULATIONS
All developments within the City of Wichita Falls shall have to
comply with Chapter 151 /2, Flood Damage Prevention , of the itz
Wichita Falls Code of Ordinances, as amended.'
4600 BUFFERING ADJACENT TO RESIDENTIAL USES
4610 PURPOSE
The purpose of these requirements is to provide residential areas
protection from the impacts of non-residential uses by reducing
the potential impacts through increased separation , construction
of visual or noise barriers, etc.
4620 SCREENING REQUIREMENT
Multi -family dwelling units, townhouses, condominiums, mobile home
parks and subdivisions, and all non-residential uses shall provide
and maintain a screen of solid wood and/or masonary fence at the
property line where abutting a single-family or duplex residential
use located in a SF-1 or SF-2 zoning district , or a SF-1 or SF-2
zoning district boundary.
4630 LIGHTING REQUIREMENT
All outdoor lighting must be directed away from residential
areas.
4640 ADDITIONAL SETBACK
Additional setback shall be provided by non-single family or non-
duplex residential uses in the manner prescribed in this section ,
where any one of the following conditions occur:
A. When these uses are located within a SF-1 or SF-2 zoning
district and abut a single-family or duplex residential use, or
abut an alley which is adjacent to a single-family or duplex
use, no portion of the structure shall be closer to a
single-family or duplex property line than the height of that
portion , except that the minimum setbacks stated in C shall
apply.
B. When these uses are located outside of a SF-1 or SF-2 zoning
district , but abut an SF-1 or SF-2 district boundary line, no
portion of the structure shall be closer to a SF-1 or SF-2
boundary line than the height of that portion , except that the
minimum setback stated in C shall apply. However , when the
zoning district boundary line abuts an alley or a street
right-of-way, the additional setback shall be computed by
including the right-of-way width of such street or alley.
48
•
C. Minimum Setbacks
1 . Multi-family dwelling units, townhouses, condominiums, mobile
home parks and subdivisions, civic uses, and commercial uses
shall be set back at least 30 feet.
2. Heavy commercial uses shall set back at least 50 feet.
3. Heavy industrial uses shall set back at least 100 feet.
EXAMPLES:
1
.-.i....___I ._. . J L. • - _
'—'''7'. ....1
7 . . .�L.
ADDITIONAL SETBACK
so
;•;:`'• �. kYIN> I ZONE BOUNDARY
•
la L�1 �
Siuts
II
l�
^ -y ..1 ��� Et7AMFERMAt "Y P%'"ti_1
ALLEY SO' YIN. •� 1I `: AL�YG 1 Ij 'l
ADDITIONAL SETBACK
• I I I I I I I I
EXAMPLE A EXAMPLE B
4700 FIRE HAZARD REGULATION
Any activity involving the use or storage of flammable or
explosive materials must meet the requirements of the Standard
Fire Prevention Code, as amended.
49
C
C
5000 Supplemental Use
Regulations
1 I.... ..
•
5ooa SLJPPL_EMENTAL- LJE3E REC3LJL_041r I ONE3
5100 HOME OCCUPATIONS
5105 PURPOSE
The purpose of the home occupation provisions is to allow for the
use of a residential structure for a non-residential use which is
clearly an accessory use to the residential use and does not
change the residential character of the site and neighborhood.
Section 5100 to 5199 will be known as the home occupation
provisions of the Zoning Ordinance.
5110 APPLICABILITY
The home occupation provisions shall be applicable only in the
SF-1 and SF-2 zoning districts.
5115 HOME OCCUPATION AS ACCESSORY USE ONLY
The home occupation shall be an accessory use to the
residential use, and shall be conducted entirely within a
dwelling unit which is the bona fide residence of the practi-
tioner, or within an accessory garage building. A carport shall
not be used for home occupation purposes.
5120 RESIDENTIAL CHARACTER TO BE MAINTAINED
The residential character of the lot and dwelling shall be
maintained. Neither the interior nor the exterior of the dwelling
shall be structurally altered so as to require compliance with
non-residential construction. No additional buildings shall be
added on the property to accommodate the home occupation. No
equipment , material , or merchandise associated with the home
occupation shall be displayed or stored where visible from anywhere
off the premises. No signs advertizing the home occupation shall
be placed on the premises
5125 EMPLOYMENT OR PARTICIPATION LIMITATIONS
No person other than a family member who resides in the dwelling
unit shall participate in the home occupation on the premises.
Furthermore, the dwelling unit shall not be used as a place of
congregation for work off the premises.
5130 USE LIMITATIONS
Home occupations shall be subject to the following use
limitations:
A. No direct selling of merchandise shall be allowed. However ,
50
storaga of merchandise for delivery may be permitted.
B. The occupation shall not produce noise, vibration , smoke,
dust , odor , heat , glare, fumes, or electrical interference
detectable off the premises
C. The following types of uses shall not be permitted as home
occupation:
1 . Vehicle repair shops
2. Medical Clinics
3. Contractor 's yards
4. Restaurants
5. Pet Grooming Services
6. Exterminating Services
7. Used Car Sales
D. Garage sales shall be permitted no more than four times a
calendar year with such garage sales lasting no more than
three consecutive days each time.
E. The amount of refuse generated by the home occupation , or the
consumption of water , electricity, or natural gas shall not be
in excess of amounts typical of households in the same
neighborhood.
5135 HOURS OF OPERATION
The hours of operation , as it relates to customer or client
visitation , shall be limited to no earlier than 8:00 a. m. and no
later than 9: 00 p. m.
5200 ZERO LOT LINE REGULATIONS
5210 PURPOSE
The purpose of the zero lot line regulations is to provide for
single-family attached or detached residential structures with
one zero side setback area. The intent is to allow a single
family structure to be placed on a side lot line in order to
provide a more usable side yard on the other side. Sections 5200
through 5270 shall be known as the zero lot line regulations.
5215 LOT AREA
The minimum lot area shall be 4,000 square feet.
5220 LOT WIDTH
The minimum lot width shall be 40 feet.
51
5225 BUILDING COVERAGE
The maximum building coverage shall be 40% of the lot area.
5230 HEIGHT
The maximum height of a structure shall be 35 feet.
5235 COMMON OPEN SPACE
When the average lot area is less than 5,000 square feet , at least
15% of the net site area shall be provided for common open space.
The area for such space shall be measured in accordance with the
provisions of Section 4452.
5240 SIDE SETBACK
Structures shall be constructed on the side lot line on one side
of the lot and a side setback shall be provided on the other side
of the said lot subject to the following conditions:
A. The minimum width of the side setback shall be ten (10) feet,
except where the height of the structure exceeds two (2)
stories, in which case, the minimum side setback shall be
increased to the height of the structure. The same side
setback requirements shall be observed by detached accessory
buildings.
B. A zero setback shall not be permitted when such lot abuts a
non-zero lot line development , in which case, a minimum side
setback of 5 feet shall be required.
C. An exterior side setback of at least fifteen (15) feet shall be
required for corner lots.
D. No openings for access, light or air shall be permitted in the
wall on the zero setback side.
E. The side setback shall be shown by building limit lines on the
subdivision plat. Easements for maintenance, drainage and roof
overhangs shall be established in recorded covenants or deed
restrictions.
5245 FRONT SETBACK
The minimum front setback requirements shall be twenty-five (25)
feet.
5250 REAR SETBACK
The minimum rear setback shall be ten (10) feet. When vehicle access
is taken from an alley, that portion of the structure that con-
tains the garage or carport shall be set back at least twenty (20)
5 2
feet from the edge of the alley pavement closest to the property
line.
5255 PARKING REQUIREMENTS
„fir•,4.
The minimum off-street parking requirements for the site shall bv'"
determined at the rate of two (2) off-street parking spaces for
each dwelling unit , of which at least one (1 ) space per dwelling
unit must be provided on each lot. The remaining parking spaces
must be provided in off-street parking lots. The areas required
for such lots shall be in addition to the common open space
requirements.
5260 SITE PLAN
A site plan shall be submitted with the preliminary plat and shall
include the following:
A. Location and dimension of all lots, access drives, common open
space areas, dedicated streets, and parking spaces.
B. Location of all structures and appropriate dimensions.
C. Calculated acreage of open space as a percentage of site area
and the number of dwelling units per gross acre.
5265 COVENANTS
A proposed declaration of covenants, conditions and restrictions
shall be submitted with the final plat. This document shall
contain , in addition to other requirements set forth by the devel
oper , the following requirements:
A. Legally create easements for maintenance, drainage and roof
overhang.
B. Where common open space is required:
1 . Legally create an automatic-membership home owner
association with responsibility and authority to administer
the provisions of the declaration.
2. The home owners association has legal title to the common
property or will receive legal title to it within a
specified period.
3. The owner of each home or lot automatically becomes a voting
member of the association , and his membership is auto-
matically transferred to the new owner of a home or lot when
it is sold.
4. The right of each member to use the property and any
limitation on his use of it is defined in the declaration.
5
5. The association is legally responsible for operating and
maintaining the common property.
6. Each member 's share of the association 's expenses is
reasonable and adequate to enable the association to
function properly.
7. The consequences of nonpayment of a member 's share of the
expenses are defined , and adequate legal measures for
recovering any nonpayment are available.
5300 TOWNHOUSE REGULATIONS
5310 PURPOSE
The purpose of the Townhouse Regulations is to permit a greater
intensity of land use while at the same time provide for areas of
open space and degrees of privacy comparable to those qualities
inherent in conventional single-family detached housing.
5315 LOT AREA
The minimum lot area shall be 2,000 square feet.
5320 LOT WIDTH
The minimum lot width shall be 20 feet.
5325 COMMON OPEN SPACE
The minimum common open space requirement shall be 30% of the net
site area. The measurement of such space shall be in accordance
with the provisions of Section 4452. Restrictive covenants
governing the open space shall be submitted with the final plat
in accordance with Section 5270B.
5330 STRUCTURE SEPARATION
The minimum separation of structures shall be ten (10) feet.
5335 DWELLING UNITS PER STRUCTURE
There shall be at least three (3) dwelling units and not more than
ten (10) dwelling units per structure.
5340 HEIGHT
The maximum height of a structure shall be 35 feet.
54
•
5345 FRONT SETBACK
A minimum front setback shall be required and based on the
following:
A. Front or rear lot access.
B. On-street parking capabilities.
C. Number of parking spaces on each lot.
D. Number of overflow off-street parking spaces.
E. Where townhouse lots and dwelling units are designed to face
upon a common open space court yard rather than a public
street , a rear setback will be required.
5350 SIDE AND REAR SETBACKS
When a townhouse structure is adjacent to a single family lot
line, a minimum setback of 30 feet shall be required on that
side.
5400 ALCOHOLIC BEVERAGE SALES
Alcoholic beverage sales shall be allowed in the RMU, GC , HC, RDD,
CBD zoning districts subject to the provisions of Chapter 4 of the
Wichita Falls Code of Ordinances , as amended.
111
5500 SEXUALLY ORIENTED COMMERCIAL ESTABLISHMENTS
Adult entertainment and sexually oriented commercial estab-
lishments shall be permitted in the HC zoning district subject
to the provisions of Sections 20-23 of the Wichita Falls Code of
Ordinances, as amended.
5600 MANUFACTURED HOUSING REGULATIONS
5610 PURPOSE
The purpose of the Manufactured Housing Regulations is to
allow the placement of manufactured housing on individual
lots as a conditional use when the manufactured home is com-
patible with existing homes in the immediate residential
neighborhood or subdivision.
5620 COMPATIBILITY WITH NEIGHBORHOOD
The Planning and Zoning Commission shall determine that a
manufactured home is compatible if it:
•
55
•
•
1 ) is compatible, 'from the standpoint of aesthetics and
value, with existing homes in the immediate residential
neighborhood or subdivision. A manufactured home is
compatible with existing homes in the neighborhood or
subdivision from these standpoints if the exterior siding
materials and finishes, the roofing materials, the fenestration
(windows and other exterior openings) , and the square footage
contained in the home are comparable to those of existing homes
in the immediate residential neighborhood or subdivision.
2) is of new construction and not less than twenty-two (22)
feet wide; the pitch of the main roof of the home shall not
be less than one (1 ) foot of rise for each five (5) feet of
horizontal run with eave projections of not less than eight
(8) inches and it shall have covered front and rear entries.
It shall be permanently attached or affixed to a permanent
foundation system. All portions of the chassis or transpor-
tation system which are not an integral part of the structure
or foundation shall be removed before the home is permanently
attached or affixed. The foundation system or the foundation
facia shall form a complete enclosure under exterior walls.
3) meets the minimum front , side, and rear yard setbacks, and
height restriction , as required in the use zone and is
oriented on the lot in a manner which is compatible with the
immediate residential neighborhood or subdivision.
4) is designed to meet or exceed all health and safety
standards and requirements of the most current edition of the
One and Two Family Dwelling Code as approved by the Inter-
national Conference of Building Officials, the Southern
Building Code Congress International , and the Building Officials
and Code Administrators, Inc. The home shall be considered to
meet such standards and requirements if the plans and speci-
fications are approved by the Director of Planning or approved
by an engineer or architect registered or licensed by the State
of Texas as being substantially equivalent from a performance
standpoint for the protection of the health and safety of the
occupants.
5630 INSTALLATION
A person may not perform any installation functions unless
the person possesses a valid certificate of registration for
installation of manufactured homes as required by Section
5221f , V.T.C. S.
5640 APPLICATION AND SITE PLAN
The request for a conditional use permit shall be accompanied
by a site plan and a detailed description of the manufactured
home. The site plan and description shall address all items
56
relating to compatibility described in Section 5620 and shall
be signed by the owner of the property and by the installer.
5650 INSPECTION
The Director of Planning shall inspect all on-site construc-
tion and the installation of the manufactured home on its
permanent foundation to assure compliance with the approved
site plan and specifications required in Section 5640. A11
municipal building inspection permits and fees as required
for site-constructed one and two family dwellings shall be
obtained and paid.
,111111
57
i
C
C
1000 Legal Provisions
ors
C
C 6000 General Regulations
60010 T I OhIS
6100 NONCONFORMING DEVELOPMENT
6105 DEFINITION
For the purpose of this ordinance, the term nonconforming
development means a parcel of land , improvement , or uses that were
lawful prior to the enactment of this ordinance or any amendment
hereto, but that does not conform to the provisions of this
ordinance except for the provisions of Sections 6100 through
6199.
6110 PURPOSE
The purpose of this section is to provide a reasonable opportunity
for use of existing parcels of land and buildings, or continuance
of uses, which were legally created, or in existence prior to the
enactment of this ordinance.
6115 EXISTING USE
Any parcel of land , structure, or use, existing at the time of the
enactment of this ordinance may continue to exist , even though
such parcel of land, structure, or use may not conform to the
provisions of this ordinance for the district on which it is
located. However , this Section shall not apply to any parcel of
land , structure, or use established in violation of any ordinance
previously in effect in the City of Wichita Falls.
6120 PROOF OF PRIOR EXISTENCE
It shall be the responsibility of the owner, operator , or occupant
of a nonconforming development to provide proof that such parcel
of land , structure, or use existed prior to the enactment of this
ordinance.
6125 NONCONFORMING PARCELS
Nonconforming parcels which do not meet the minimum area or width
requirements for the district that they are located in, may be
developed if all other requirements of the Zoning Ordinance, such
as, but not limited to, yard requirements, parking , building coverage
etc. are fulfilled.
6130 NONCONFORMING STRUCTURES
A nonconforming structure may be altered or expanded in the
following manner provided the use complies with the uses permitted
in the district in which the structure is located:
A. SETBACKS.
A structure which is in noncompliance with the setback require-
5S
.
' ^
'
mentsi' of' t:he Zoning Ordinance, may be altered in a manner that ^^
does not ,increase the degree of noncompliahce of the particular
setb 'ck requirement , as long as all other provisions of the Zoning.
Ordinance such as, but not limited to, building coverage and '
| parking requirements, are met.
B. HEIGHT.
The height of a noncomplying structure may be increased as long as
the height of any addition does not exceed the height of that
portion of the existing structure which is in noncompliance.
6135 NONCONFORMING USES - EXPANSION
A. In an single family residential district , an existing building
or premise which is devoted to a use which is not permitted in
the SF-1 or SF-2 district shall not be expanded , extended , or
enlarged.
� B. In a district other than a single family residential district ,
an existing building devoted to a use that is not permitted by
the Zoning Ordinance in the district on which the building is
located on , may be expanded , extended , or enlarged , provided
additional property is not acquired for such expansion except
for use as parking area, and all other requirements of the
Zoning Ordinance are met.
6140 NONCONFORMING USE - CONVERSION
A nonconforming use may be converted to another nonconforming use
of a similar nature provided the noise, odor , refuse, traffic
volumes and patterns, hours of operation , parking requirements,
and other nuisance factors are similar. If these factors are not
similar , the conversion is subject to the Conditional Use approval
process provided in Section 7200. In no instance can a
nonconforming use convert to a less restrictive use category
(i . e. a nonconforming general commercial use may not convert to a
heavy commercial use ) . However , whenever a nonconforming use has
been changed to a conforming use, such use shall not thereafter be
changed to a nonconforming use.
6145 NONCONFORMING USE - RECONSTRUCTION
Any nonconforming use which is damaged or destroyed by fire,
flood , explosion , wind , earthquake, war , riot , or other calamity,
may be reconstructed and used as it was before such happening ,
provided that such reconstruction is commenced within twelve months
of the damaging event and completed within twenty-four months from
the date of commencement. A screen of solid wood and/or masonary
fence shall be provided if the nonconforming use is located in a
SF-1 or SF-2 zoning district.
6150 NONCONFORMING USE - DISCONTINUANCE
Any nonconforming use may be discontinued and resumed as it
59
•
existed prior, to its discontinuance, provided no' reconstruction
or expansion is required.
6200 OFF-STREET PARKING, LOADING AND CURB-CUT REGULATIONS
6205 PURPOSE
Sections 6200 through 6299 shall be known as the Off-Street
Parking , Loading , and Curb-Cut Regulations. The regulations
require provisions for off-street parking and loading
facilities proportional to the need created by each use in
order to ensure functionally adequate, secure off-street parking
and loading facilities and to limit the number of curb cuts along
major streets to an amount conducive to reasonable safety stan-
dards. Development regulations and design standards are intended
to ensure the usefulness of the parking and loading facilities,
to protect public safety, and , where appropriate, to mitigate
potentially adverse impacts on adjacent land uses.
6210 BASIC PROVISIONS
A. Off-street parking facilities, loading facilities, and the
prescribed number of curb cuts shall be provided for any new
building constructed , for any new use established , and for any
addition or enlargement of an existing building or use, or any
change of occupancy or manner of operation that would result in
additional parking spaces being required. The additional parking
shall be required only for such addition , enlargement , or change
and not for the entire building or use.
B. Minor variations of parking lot design , or standards may be
approved by the Director of Planning , as long as the purpose of
this section is met.
C. All required parking facilities shall be maintained for the
duration of the use requiring such areas. Such facilities
shall be used exclusively for the temporary parking of motor
vehicles. Parking facilities shall not be used for the sale,
display, or storage of merchandise, or for the storage or repair
of vehicles or equipment.
D. All required parking facilities, loading facilities, and curb
cuts shall be located on the same site as the use for which
such facilities are required , except as authorized pursuant to
Section 6231 .
E. Head-in parking from a public right-of-way is prohibited ,
except for single family residential use.
F. Each parking space shall have adequate drives, aisles, and
turning and maneuvering areas for access and usability, and
shall at all times have access to a public street or alley.
60
. .
G. Off-street parking facilities for ' the ' than single-family
residential uses shall be designed such that alleys are not �
used for ingress or egress. '
H. When vehicle access is taken from the alley, the garage or
carport shall be setback at least 20 feet from the edge of
the alley pavement.
6220 PARKING REGULATIONS
6221 PARKING SCHEDULE BY USE
| Parking facilities shall be provided in accordance with the
� minimum requirements prescribed in this section except for in the
Central Business District where the provisions of Section 6240
shall apply. The primary use as a building or lot shall determine
�
the parking requirements.
USE CLASSIFICATION MINIMUM OFF-STREET PARKING REQ.
RESIDENTIAL
� Detached residential , 2 spaces per dwelling unit except
duplex , mobile homes, for zero lot-line residential
townhouses , & Multi- (See Section 5250)
family residential
Boarding Houses, 1 space per 2 occupants
Fraternities,
Sororities
civic
Church 1 space per 4 seats
Day care, Commercial 3 car holding bay + 1 space per
employee
Elementary & Junior 1 space per teacher & staff member
High Schools
High schools 1 space per 4 students
Convalescent & Nursing 1 . 25 spaces per 3 beds
Homes
Libraries & Museums 10 spaces + 1 space per 500 sq. ft.
g. f . a.
COMMERCIAL
Offices, banks, &
professional services 1 space per 300 sq. ft. g. f . a.
61
Medical & Dental offices 1 space per 200 sq. ,ft. g. f . a.
Hospitals 1 . 5 spaces per bed
Bar , club , cocktail 1 space per 2 seats.
lounge
Restaurant 1 space per 3 seats.
Hotels & Motels 1 . 25 spaces per unit
Shopping & Convenience 1 space per 200 sq. ft. g. f . a.
Goods, Repair services,
Grocery stores
Large Commercial 5. 5 spaces per 1000 sq. ft. g. l . a. or
Shopping Center Areas 5. 3. spaces per 1000 sq. ft. g. f. a.
Theaters, auditoriums 1 space per 4 seats
Stadiums & arenas
Library/museum 10 spaces + 1 space /500 sq. ft. g. f . a.
All other nonresi- 1 space per 300 sq. ft. g. f . a.
dential uses
HEAVY COMMERCIAL & INDUSTRIAL
Warehousing , fabri- 1 space per employee for maximum
cating , storage, employment of 2 shifts combined.
distribution , manu-
facturing
NOTE: g. f. a. - gross floor area
g. l . a. - gross leasable area
6222 HANDICAPPED PARKING REGULATIONS
In each parking facility, a portion of the total parking shall be
specifically designed , located , and reserved for vehicles licensed
by the State for use by the handicapped. These spaces shall be
provided according to the following schedule:
Total Spaces No. of Total Spaces No. of
in Lot Spaces in Lot Spaces
Up to 25 1 151 to 200 6
26 to 50 2 201 to 300 7
51 to 75 3 301 to 400 8
76 to 100 4 401 to 500 9
101 to 150 5 501 + 27. of Total
62
6225 DESIGN STANDARDS FOR PARKING FACILITIES
Design standards are established in this section to set the
minimum dimensions and standards for design and construction of
parking and loading facilities.
A. Design standards for parking facilities shall be as follows:
Depth of Width of
Stall 90 Stall
Angle of Width of deg. to Parallel Width of
Parking Stall Aisle to Aisle Aisle *
(Degrees) (Feet) (Feet) (Feet) (Feet)
A B C D E
0 9. 0 9. 0 23. 0 12. 0
30 9. 0 17. 3 18. 0 11 . 0
45 9. 0 19. 8 12. 7 11 .0
60 9. 0 21 . 0 10. 4 16. 0
' 90 9. 0 19. 0 9. 0 26. 0
* When different angled parking is placed opposite each other , the
greater aisle width shall be applicable.
•
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66
B. Design standards for handicapped parking facilities:
Each parking space designated for use by the handicapped shall-'
consist of a rectangular area not less than 12. 5 feet wide by •
18. 5 feet long , with a vertical clearance of 7. 5 feet , shall
be located in an area not exceeding a 2-percent slope, and shall
be located near and convenient to a level or ramped entrance
accessible to handicapped persons. Parking spaces for the
handicapped shall be signed and restricted for use by the handi-
capped only.
6230 SUPPLEMENTAL PARKING REGULATIONS
6231 MIXED USE & OFF-SITE PARKING
A. The Planning Department may approve locating a portion of the
required parking on another site when both the primary use
and parking facility are located in a similar zone.
B. Off-site parking shall be located within 300 feet of the use
which it serves, measured from the property line.
C. The off-site parking approval shall require the written
agreement of the owner of the off-site parking area to assure
the continued availabiity of the required parking area.
D. Off-site parking facilities shall not fulfill more than 50
percent of a use 's parking requirement.
E. Handicapped parking spaces shall not be located in an off--sit .
parking area.
F. The Planning and Zoning Commission may authorize an adjustment
in the total parking requirements for mixed use developments
if the facilities have substantially different peak demand
hours for parking. A request for adjustment shall require the
submission of a site plan and traffic study which address the
rationale for reducing parking requirements.
6232 SAFETY FEATURES
Parking facilities shall meet the following safety standards:
A. Safety barriers, protective bumpers or curbing shall be
provided to prevent encroachment onto adjoining public or
private property.
B. Visibility of and between pedestrians, bicyclists, and
motorists shall be assured when entering individual parking
spaces, when circulating within a parking facility, and when
entering and exiting a parking facility.
C. Internal circulation patterns, and the location and traffic
•
67
direction of all access drives, shall be designed and
maintained in accordance with accepted principles of traffic
engineering and traffic safety.
6233 LIGHTING
Lights provided to illuminate any parking facility or paved area
shall , to the maximum extent feasible, be designed to reflect away
from any residential use.
6234 FENCING AND SCREENING
A parking facility in any non-residential district which adjoins
or abuts property in a SF-1 or SF-2 district shall have a wall or
privacy fence not less than 6 feet in height located for the
length of the common property line. However , such a fence shall
not be required within the front or exterior setback area of the
non-residential use.
6235 NOISE
Areas used for primary circulation , for frequent idling of vehicle
engines, or for loading activities shall be designed and located
to minimize impacts on adjoining properties, including provisions
for screening or sound reduction.
6236 MAINTENANCE
All parking and loading facilities shall be maintained to assure
desirability and usefulness of the facility. Such facilities
shall be maintained free of refuse, debris, or other accumulated
matter and shall at all times be available for the off-street
parking or loading use for which they are required or intended.
6237 DRAINAGE
All parking facilities shall be graded and provided with permanent
storm drainage facilities, meeting the construction specifications
set by the Public Works Department. Surfacing , curbing , and
drainage improvements shall be sufficient to preclude the free
flow of water onto adjacent properties or public streets or
alleys, and to provide adequate drainage.
6240 SPECIAL PARKING PROVISIONS FOR THE CENTRAL BUSINESS DISTRICT
6241 PURPOSE
Special parking requirements shall apply within the Central
Business District in order to promote the construction of
appropriately located public parking facilities, to discourage
inharmonious parking facilities/areas in historic districts or on
sites occupied by historic structures, and to reduce intrusion on
pedestrian-oriented street frontages by parking facility access.
68
6242 SPECIAL PARKING REQUIREMENTS
Within the designated Central Business District , the following
provisions shall apply in lieu of the regulations otherwise •
established by the Off-Street Parking and Loading Regulations:
A. There shall be no off-street parking requirement for any use
occupying a qualifying historic structure.
B. There shall be no off-street parking requirement within the
Central Business District for any use occupying an existing
structure, new construction of less than 7500 gross sq. ft. of
floor space, or expansions of less than 7500 gross sq. ft. of
floor space.
6250 LOADING REGULATIONS
6251 OFF-STREET LOADING SPACES
In any district , for every building or part thereof hereafter
erected with a minimum gross floor area of twelve thousand
(12,000) sq. ft. , which is to be occupied by manufacturing ,
storage, warehouse, goods display, retail store, wholesale store,
market , hotel , hospital , mortuary, laundry, dry cleaning or other
uses similarly requiring the receipt or distribution of vehicles
of material or merchandise, there shall be provided and maintained
on the same lot with such building , at least one (1 ) off-street
loading space, plus one (1 ) additional such loading space for
each additional twenty thousand (20,000) sq. ft. , or major •
fraction thereof .
6252 DESIGN CRITERIA
The dimensions of each loading space shall be determined by the
type vehicle to be accommodated.
MINIMAL DESIGN CRITERIA FOR OFF-STREET LOADING
Type of Vehicle to be Accommodated
All Vehicles Tractor--
Design Criteria except Tractor Trailer
(in feet) Trailers Truck
Vertical clearance 13 14
Depth of space =5 55*
Width of space 12 12
•
*This depth is required if tractor is not to be separated from
trailer after the vehicle is parked. If the tractor is removed
from the trailer , a 4:-foot depth is allowed.
•
69
6253 LOCATION
No such space shall be located nearer than fifty (50) feet
to any residential use or to a SF-1 and SF-2 zoning district
boundary, unless wholly within a completely enclosed building ,
or unless effectively screened by a masonary and/or wooden
fence of not less than six (6) feet in height.
6260 CURB CUT REGULATIONS
All curb cuts shall be approved by the Building Official based on
the curb cut requirements provided below.
6261 CURB CUT DESIGN
Curb cut designs shall be based on either of the following
options:
OPTION 1 . STANDARD CURB CUT:
A B C D
CURB RETURN CORNER NO. OF DRIVEWAY
RADII ISLAND CLEARANCE DRIVEWAYS WIDTH
FRONTAGE Min. Max . WIDTH Des. Min. Maximum Maximum
Up to 100 ' 7 ' 30 ' 25 ' 35 ' 30 ' 2 35 '
100 ' to 300 ' 7 ' 30 ' 25 ' 40 ' 30 ' 3 35 '
301 ' to 600 ' 10 ' 30 ' 50 ' 45 ' 30 ' 4 •_5 '
601 ' ?< up *
*Frontages over 600 ' may generate traffic volumes creating hazardous
conditions which may require use of channelization or other special
design. The Building Official shall review and approve such design.
CURB CUT DIMENSIONS
ALLEY ALLEY L c �+
J ( —I .
, R.Id MIw AA
1 +4—I'(asaal) 1
0
o:
0
D:r7.
R.20,Mln.fa Cgmm.rdblx 0
and Indwlrial
R.1]•Mln
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__ x
4'Sidewalk �•
J 12
M.
70
OPTION 2, WESTERN CURB CUT:
Western curb cuts shall be allowed in .accolrdance with the design
and specification of the Public Works Department. The number of -
driveways allowed shall be the same as allowed for standard curb -
cuts.
6262 SUPPLEMENTARY CURB CUT REGULATIONS
A. All access driveways shall be at an angle of from 45 degrees to
90 degrees measured from roadway center line.
B. No curb opening shall be allowed within the area of corner curb
return radius.
k •
71
6300 HISTORIC LANDMARKS
The Historic Landmarks regulations shall be subject to the
provisions of Chapter 2, Article IV, Division 5, of the Wichita
Falls Code of Ordinances as amended.
6400 AIRPORT ZONING REGULATIONS
The Airport Zoning regulations shall be subject to the provisions
of Chapter 3, Article 2, of the Wichita Falls Code of Ordinances
as amended.
6500 ACCESSORY USE REGULATIONS
6510 PURPOSE
The purpose of the Accessory Use regulations is to establish the
relationship among principal and accessory uses and provisions
governing their uses. Sections 6500 through 6599 shall be known
as the Accessory Use Regulations.
6515 RESIDENTIAL ACCESSORY USES
Residential accessory uses shall include the following uses and
structures and shall be allowed on the same lot or site containing
a residential use:
A. Playhouse, patios, porches, gazebos, cabanas, greenhouses and
incidental household storage buildings.
B. Home occupations as permitted under Section 5100.
C. Radio and television receiving antennas including satellite
dish antennas.
D. Recreational facilities including swimming pools and tennis
courts for use by residents.
E. A single accessory dwelling unit when the principal use is
single family residential on a lot over 10,000 square feet or
greater.
F. Garages, carports and parking for the principal use.
72
. . . .
.. . ..
6520 NON-RESIDENTIAL ACCESSORY USES
'
Non-residential accessory uses shall include the following uses '
and structures and shall be allowed on the same lot or site
containing a non-residential use:
A. A single dwelling unit which may be an individual mobile home
shall be allowed in the HC and HI district , when occupied by
persons providing security to the principal establishment.
B. Parking for the principal use.
C. Enclosure for solid waste dumpsters.
� D. Storage building operated as a part of the principal use and
\
does not comprise a separate use or business activity.
6600 TEMPORARY USE REGULATIONS
6610 PURPOSE
N The purpose for the Temporary Use regulations is to establish
N provisions for uses of a temporary nature which are not otherwise
permitted in a district. Sections 66{)0 through 6699 shall be
known as the Temporary Use Regulations.
6615 PERMITTED TEMPORARY USES
The following types of temporary uses may be allowed subject to
the following conditions:
A. Mobile trailer units for use as construction offices or
residential uses for security purposes shall be permitted for
the duration of the construction period.
B. New subdivision sales offices located within the subdivision
may be established and operated for a period of two years from
/ the date of the first construction permit issued in the
subdivision.
C. Model homes located within the subdivision or residential
development to which they pertain.
D. Christmas tree sales lots.
�
'
73
•
6700 SIGN REGULATIONS
w , 6710 PURPOSE
Signs are recognized as important means of communication and
reasonable modes of advertising , and therefore constitute a
significant and specific use of land. Standards for the
construction of signs are herein provided for the purpose of
protecting places and areas of historical and cultural impor—
tance; to increase safety and lessen congestion in the streets;
to conserve the value of buildings and land; to preserve
residential values, and to encourage the most appropriate use
of land. Sections 6700 through 6799 shall be known as the sign
regulations.
6720 SIGN REGULATIONS
The following sign construction types used in the Schedule of Sign
Standards contained in Table 6741 hereof are defined in and
correspond to the sign classifications established in the Building
Code of the City.
A. Ground Sign: A sign which is supported by two (2) or more
columns, poles, uprights, or braces placed in or upon the
ground and is not a part of a building. The term "ground sign"
shall include billboards.
B. Roof Sign: A sign which is erected , constructed , or maintained
on or over the roof or parapet wall of a building.
C. Wall Sign: A sign which is attached or affixed to the wall of
a building or is an integral part of the wall of a building
with the exposed face of the sign in a plan parallel to and not
more than twelve inches (12" ) from said wall ; provided , however ,
that electric wall signs may project not more than eighteen
inches (18" ) from said wall . A wall sign shall not extend above
or beyond the parallel face to which the sign is attached. This
term shall also include D.
D. Projection Sign: A sign which is attached or affixed to any
building wall or structure other than a pole and extends or
projects beyond the building wall , structure, building line or
property line more than twelve (12) inches.
E. Wall Ground Sign: A wall , not a part of a building, so erected
for the purpose of placement or display of a sign.
F. Marquee Sign: A projecting sign attached to or hung from a
marquee and said marquee shall be known to mean a canopy or
covered structure projecting from and supported by a building ,
when such canopy or covered structure extends beyond the
building , building line or property line.
74
G. Pole Sign: A sign which is supported b'y one pole, column ,
uOright or brace placed in or upon the ground and is not a part
of a building.
H. Directional Sign: A pole, ground sign , or wall ground sign •
that directs vehicular traffic. The sign may display arrows,
words, or other symbols to indicate direction of facilities.
No goods or services for sale may be listed. No sign may exceed
fifteen (15) square feet or as elsewhere listed.
I . Reader Board Signs: A changeable copy sign with strips
attached to the face of the sign to hold readily movable
letters and numerals. The sign may be internally or externally
illuminated (ground or pole sign only) .
6730 DEFINITIONS
A. 0ff Premise Advertising Sign: A sign which is a primary use of
land (not accessory use) and which directs attention to a
business, product , activity or service which is not conducted ,
sold , offered or located on the premises where the sign is
located.
B. Sign Structure: Any part of a sign , including the base,
supporting columns or braces, display surface, or any other
appendage thereto.
C. Required Setback: The distance from the property line or
right-of-way line of all streets adjacent to the premises on •
which a sign is located.
D. Lighting: As the term is used in Table 6741 hereof , the
illumination of a sign face by a light source exterior to, and
not a part of such face or source of light not exposed to the
eye.
E. Flashing Sign: As the term is used in Table 6741 hereof , a
sign or part thereof , operated so as to create flashing; change
in light intensity, color or copy or intermittent light
impulses more frequent than one every ten (10) seconds and
further provided that Message Centers as defined in Section
6730:)G shall not constitute flashing signs. It is further
provided that a sign which creates intermittent light impulses
which convey time of day and/or temperature only shall not
constitute a flashing sign.
F. Motion: As the term is used in Table 6741 hereof , the moving
or rotating of a sign or portion thereof .
G. Message Center: A sign which provides public service
information , any similar public interest information and/or
related advertising for a general business located on the
same premise through electronically controlled intermittent
•
75
light impulses. A message center shall consist of letters,
words or numerals which can either change sequentially or
travel across the display area. No character shall exceed 42"
in height and no lamp shall exceed 50 watts. A message center
as herein defined is deemed to be a sign subject to the
requirements of Table 6741 hereof according to the particular
use of said message center and the specific requirements for
such uses determined by the classifications contained in said
Table.
H. Real Estate Sign: A sign which advertises a parcel of land or
a structure for rent, lease, or sale, and limited to the
provisions of Table 6741 provided however , that signs identi-
fying model homes be limited to a maximum of 15 square feet.
I. Directory Sign: A pole or ground sign consisting of building
identification and general business signs of the individual
tenants.
J. Portable Sign: A sign constructed upon wheels, casters, skids
or otherwise so designed to be readily movable from one
location to another , including signs mounted upon a trailer ,
bench , wheeled , carried, or other non-motorized mobile structure;
a portable sign which has its wheels removed shall be considered
a portable sign hereunder. If such sign within this definition
is securely anchored to the ground by cables or ground supports
acceptable to the Building Official , such sign may be considered
non portable and thereby is subject to all provisions of this
section.
K. Political Sign:" A sign which refers only to the issues or
candidates involved in a political election.
6740 SCHEDULE OF SIGN STANDARDS
No sign shall be erected , placed, displayed or located except in
accordance with the Schedule of Sign Standards contained in Table
6741 hereof . However , signs required by law shall be exempt from
these requirements.
•
76
•
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77
NOTE 1
On-premise signs fronting a public street and located within ten (10)
feet of the property line shall have a clearance from the surrounding
grade to the bottom of the sign face of not less than nine (9) feet ,
except that low profile signs may be created within such area if the
top of the sign does not exceed three, (3) feet above the surrounding
grade. Poles, columns, or other supports for such signs shall not
exceed twelve (12) inches in dimension measured perpendicular to the
street , and no portion of the sign shall overhang the property line.
Exception: This requirement shall not apply to directional or real
estate signs if such sign placement does not create a view obstruction
to motorists or pedestrians.
NOTE 2
A minimum separation of 500 feet must be maintained between these
types of signs. Spacing is measured from the nearest portion of the
sign to the nearest adjacent sign. For spacing from SF-1 , SF-2, and
MFR districts, spacing shall be measured from the nearest portion of
the sign to the residential district boundary.
NOTE 3
,Classification Standards:
G - Ground
P - Pole
W - Wall
PR - Projecting
RB - Reader Board
WG - Wall Ground
R - Roof
NOTE 4
Maximum area is the total area of all tenents or services advertised on
one sign structure; however , the total area of multi-faced signs shall
be governed by Section 6750 B.
NOTE 5
In the GC, HC & HI Districts General Business Signs shall be limited by
the following:
If located within ten (10) feet of the property line or the
back of curb , whichever is greater , the sign face area shall not
exceed eighty (80) square feet nor exceed thirty (30) feet in height.
78
I a -
b If located at least ten (10) feet from the property line or the back of
the curb , whichever is greater , the sign face area shall not exceed
Q'ne hundred and twenty (120) square feet nor exceed fifty (50) feet in'
height. Signs shall be limited to one per business or street frontage
when located within 25 feet of the property line. •
6745 GENERAL PROVISIONS
A. The standards and regulations prescribed in this section shall
apply to those signs classified and defined in the Building
Code of the City.
B. The provisions of this section shall be applicable to the
location , size and placement of signs and shall otherwise be
considered supplementary to the Building Code of the City.
No provisions .specified herein shall be construed to otherwise
amend or nullify any provision of the Building Code or any
' ordinance or regulation of the City pertaining to the erection ,
use, maintenance or operation of signs.
r C. Any sign used in conjunction with a nonconforming use of land
or buildings, if such sign is not in accordance with the
provision of this section , shall be deemed a separate noncon-
forming use of land , and shall be subject to the provisions of
Section 6100 of this ordinance.
D. No sign using a revolving beam or beacon of light resembling
any emergency vehicle or traffic-control sign shall be
permitted , subject to the provisions of Section 29-77 (c) of t
Wichita Falls Code of Ordinances as amended , nor shall any sill'
be located so as to obstruct the vision or sight distance of
motor vehicle operators or pedestrians at any street intersection ,
street crossing or other point of traffic concentration.
E. No high intensity light shall be permitted as part of a sign
display visible from an adjacent street in any zoning district;
and , in this regard , no reflectorized lights shall be permitted
which shall exceed the intensity of forty (40) watt frosted-face
bulb , except general informational type signs such as time or
temperature signs approved by the Building Official .
F. Notwithstanding any provisions of this section , no sign shall
be erected which constitutes an obstruction to view of
operators of motor vehicles on public streets or entering
such streets from private property. In the event of any ques-
tion regarding sign obstructions, the Traffic Engineer of the
City shall determine that no such obstruction exists.
G. View Obstruction: No outdoor advertising display sign shall be
erected or maintained so as to constitute an obstruction of the
view of pedestrians or motorists. Placement of signs in com-
pliance with Section 29-215 (g) of the Wichita Falls Code of
Ordinances (Traffic Section) as amended , shall be deemed primi
•
79
faci evidence of such compliance.
H. Any sign located within the Historic District must comply with
Section 6300 of this ordinance.
I . Any sign located within the River Development District must
comply with Section 3700 of this ordinance.
J. No sign shall remain erected for a period to exceed ninety (90)
days after the reason , purpose, or business for which the sign
was erected has ceased.
K. Portable Signs: No portable sign as defined by this ordinance
shall be erected or maintained within any zoning district.
L. Political signs shall not be placed upon the street
right-of-way or placed in any location which would obstruct the
view of motorists or pedestrians.
6730 RULES OF CONSTRUCTION
A. The area of a sign shall be computed by drawing a line or lines
around the sign in such a way as to form not more than four (4)
regular geometric figures such as a rectangle, circle, triangle,
trapezoid , or ellipse. The total of these figures shall be the
total area of the sign. All portions of the sign structure which
are internally illuminated shall be subject to the area limita-
tion of Table 6741.
B. The maximum sign area prescribed in Table 6741 shall be applied
to a sign with one (1 ) face. A sign constructed with more than
one (1 ) face shall contain in the aggregate of all faces not
more than twice the maximum area prescribed in Table 6741 . The
maximum interior angle between sign faces shall be ninety (90)
degrees.
C. The height of a sign shall be measured as follows:
1 . Ground or pole sign within one hundred feet (100' ) of a
street abutting the property on which the sign is located:
From -the top of the curb of the nearest street adjacent
thereto, or if there is no curb, from a point six inches (6")
above the edge of the road surface, to the top of the sign
structure.
2. Ground or pole sign more than one hundred feet (100' ) from
an adjacent street: From the ground at the sign base to the
top of the sign structure.
3. Roof sign: From the roof level at the base to the top of the
sign structure.
•
80
.
6800 LANDSCAPING REGULATIONS
6810 PURPOSE411
The purpose of the Landscaping Regulations is to enhance the
beautification of the City through landscaping of the front and
exterior side setback areas. Sections 6800 through 6899 shall be
known as the landscaping regulations.
6820 APPLICABILITY
9apply Landscaping Regulations shall a 1 to all uses other than
single-family, duplex , and zero lot-line residential uses, in the
SF-1 , SF-2, MFR, LC, GC, HC, and HI zoning districts , and also
in the Central Business District if a setback area is provided.
Landscaping requirements for the River Development District shall
meet the requirements of Section 3750 and may be greater than the
requirements set out in this section.
6830 REQUIREMENTS
A. All required landscaping shall be placed in the front and
exterior- side setback area.
I
B. Tree (s) of at least 6 feet in height shall be provided (existing
or planted) and replaced as necessary, as per the ratio of 1
tree per 40 linear feet or fraction thereof of street frontage.
C. The required number of trees need not be placed uniformly alor
II
the setback area, but may be clustered in groups.
D. Only trees maintained on the approved list of trees by the
Parks & Recreation Department may be used to meet these
requirements.
E. All required landscaping shall be irrigated by either an
underground sprinkler system, or a hose attachment within 100
feet of all landscaping.
F. Landscaping shall not obstruct the view between the street and
the access drives near the entries and exits, nor shall any
k landscaping create an obstruction of view when located in the
radius of curb return.
G. The existing natural landscape character shall be preserved to
fi the extent reasonably feasible. Existing trees in the front and
1 exterior-side setback area may be counted as part of the
landscaping requirements.
H. Existing trees on the street right-of-way shall not be cleared ,
Iunless authorized by the Director of Planning , who may
authorize such clearing if no other reasonable alternative is
0
31
deemed possible.
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82
C
C
C 7000 Administrative Procedures
7000 ADM I N I STRAT I 'VE PI DCEDUFES
7100 SITE PLAN REVIEW PROCEDURE
7105 PURPOSE
The purpose of the Site Plan Review Procedure is to allow for the
evaluation of site and design features of selected uses, and to
afford a procedure for mitigating potentially unfavorable effects
on adjacent land uses. Sections 7100 through 7199 shall be known
as the Site Plan Review Procedure.
7110 JURISDICTION
The Building Official shall be responsible for the administration
of the site plan review procedure. The Planning and Zoning
Commission shall be responsible to review appeals to adminis-
trative denials or conditions of approval of a site plan.
7115 SUBMISSION REQUIREMENTS
The application for Site Plan Review shall include the following:
A. Name, address, and phone number of the applicant.
B. Address and legal description of the property.
C. The location , height, and intended use of existing and proposed
buildings.
D. The location and number of existing and proposed parking and
loading areas and curb-cuts.
E. The location and height of existing and proposed of site
improvements including signs, lighting, fencing, drainage
improvements, landscaping, etc.
F. The location and dimension of boundary lines, easements and
required yards of all existing and proposed buildings.
G. The types of adjoining land uses.
7120 APPROVAL AND APPEALS PROCESS
The application for Site Plan Review shall be filed with the
Director of Planning, who shall approve, conditionally approve,
or disapprove a site plan within 21 days of the submission.
A decision of the Director of Planning may be appealed to the
Planning and Zoning Commission by filing such appeal with the
Director of Planning along with any fee required by Section
7650, within ten (10) days of the Director of Planning 's
decision. The appeal will identify in writing the specific
83
reasons for and basis of the appeal . The appeal shall be placed
on the agenda' of the next regularly scheduled 'meeting of the
Planning and Zoning Commission , but not less than fifteen (15)
days from the date of receipt of such application , using the
Public Notice procedure prescribed in Section 7615.
411
7125 REVIEW CRITERIA
Site plans will be reviewed and evaluated for consistency with the
Zoning Ordinance.
7130 LAPSE OF APPROVAL
A site plan approval shall be valid for one year from the date of
approval unless prior to such expiration date a building permit is
issued and construction is commenced and diligently pursued
towards completion.
A site plan may be renewed for an additional year only upon
application by the applicant; however , such renewal may be subject
to additional conditions of approval .
7200 CONDITIONAL USE PROCEDURE
7205 PURPOSE
The purpose of the Conditional Use Procedure is to allow for
review of uses which would not be appropriate generally or withal,
certain restrictions throughout a zoning district , but which , if
controlled as to the number , area, location or relation to the
neighborhood would promote the health , safety, and welfare of the
community. The procedure is intended to allow broad public review
and evaluation of the proposed development and to ensure adequate
mitigation of potentially unfavorable impacts. Section 7200
through 7299 shall be known as the Conditional Use Procedure.
7210 JURISDICTION
The Director of Planning shall be responsible for the adminis-
tration of the Conditional Use Procedure, and the Planning and
Zoning Commission shall be responsible for review, evaluation
and action on all applications.
7215 SUBMISSION REQUIREMENTS
An application for a Conditional Use Permit shall be submitted to
the Director of Planning along with any applicable fee required
by Section 7650, at least twenty-one (21 ) days prior to the
regular meeting of the Planning and Zoning Commission. The
application shall include the same submission requirements for
Site Plan Review in Section 7115.
84
7220 PUBLIC HEARING AND NOTICE
The Director of Planning shall schedule a public hearing at the
next regular meeting of the Planning and Zoning Commission and
shall provide notice as prescribed in Section 7620.
7225 REPORT OF THE DIRECTOR OF PLANNING
The Director of Planning shall review the application and submit a
report to the Planning and Zoning Commission. This report shall
be made available to the applicant at least ten (10) days prior to
the public hearing.
7230 ACTION BY THE PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission shall review the application
against the Review and Evaluation Criteria established in Section
7235 and approve, conditionally approve, or disapprove the Condi-
tional Use application.
7235 REVIEW AND EVALUATION CRITERIA
The Conditional Use application shall be reviewed and evaluated
using the following criteria:
A. Conformance with applicable regulations and standards
established by the Zoning Ordinance.
B. Compatibility with existing or permitted uses on abutting
sites, in terms of building height , bulk and scale, setbacks
and open spaces, landscaping and site development , and access
and circulation features.
C. Potentially unfavorable affects or impacts on other existing or
permitted uses on abutting sites, to the extent such impacts
exceed those which reasonably may result from use of the site
by a permitted use.
D. Location, lighting, and type of signs; and relation of signs to
traffic control and adverse effect on adjacent properties.
E. Safety and convenience of vehicular 'and pedestrian circulation
in the vicinity, including traffic reasonably expected to be
generated by the proposed use and other uses reasonable and
anticipated in the area considering existing zoning and land
uses in the area.
7240 APPEALS PROCESS
A decision of the Planning and Zoning Commission may be appealed
to the City Council by filing such appeal with the Director of
Planning along with any fee required by Section 7650, within ten
(10) days of the Planning and Zoning Commission decision. The
appeal shall be placed on the agenda of the next regularly
85
schdduled meeting of the City Council , but not less than fifteen
(15) days, from the date of receipt of 'such appeal , using the
Public Notice procedure prescribed in Section 7625
7245 LAPSE OF APPROVAL •
A Conditional Use permit shall be valid for one year from the date
of approval unless prior to such expiration date a building permit
is issued and construction is commenced and diligently pursued
towards completion.
A Conditional Use permit may be renewed for an additional year by
the Planning and Zoning Commission upon application . Such renewal
may be subject to additional conditions of approval .
7250 MODIFICATION OF CONDITIONAL USE PERMIT
Minor modifications of a conditional use permit may be modified if
the Director of Planning determines such conditions will not
change the intent and affect of the approval by the Planning and
Zoning Commission.
7300 VARIANCE PROCEDURES
7305 PURPOSE
The purpose of the variance procedure is to provide relaxation of
the terms of the Zoning Ordinance, when owing to conditions •
peculiar to the property and not the result of actions of the
applicant , a literal enforcement of the ordinance would result
in unnecessary and undue hardship. Sections 7300 through 7399
shall be known as the Variance Procedure.
7310 JURISDICTION
The Director of Planning shall be responsible for the adminis-
tration of the variance procedure, and the Board of Adjustments
shall be responsible for review, evaluation , and action on all
applications.
7315 APPLICABILITY
A variance may be authorized only for development standards
including sizes of lot area, yards, setbacks, heights, etc. This
procedure shall not be applicable to establishment or expansion of
a use which is otherwise prohibited or to grant relief from
administrative procedures.
•
86
7320 SUBMISSION REQUIREMENTS
The application for Variance shall be submitted to the Director of
Planning along with any applicable fee required by Section 7650 at
least twenty-one (21 ) days prior to the regular meeting of the
Board of Adjustments. The application shall include the follow-
ing:
A. Name, address, and phone number of the applicant (s) .
B. Legal description of the property.
C. Description of the nature of the variance requested.
D. A narrative statement demonstrating that the requested variance
conforms to the following standards:
(1 ) That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and
which are not applicable to other lands, structures, or
buildings in the same district.
(2) That literal interpretation of the provisions of this
Ordinance would deprive the applicant of a right commonly
enjoyed by other properties in the same district under the
terms of this Ordinance.
(3) That the special conditions and circumstances do not result
from the actions of the applicant.
(4) That the granting of the variance would otherwise be in
harmony with the objectives of this Ordinance and would not
confer upon the applicant any special privilege that is
denied by this Ordinance to other lands, structures, or
buildings in the same district.
E. Such other information as the Director of Planning may
require.
7325 PUBLIC HEARING AND NOTICE
The Director of Planning shall schedule a hearing by the Board of
Adjustment by placing it on the agenda of the next regularly
scheduled meeting of the Board , and shall provide notice as pre-
scribed in Section 7630.
7330 REPORT OF THE DIRECTOR OF PLANNING
The Director of Planning shall review the variance application and
submit a report to the Board of Adjustment. This report shall be
made available to the applicant at least ten (10) days prior to the
public hearing.
87
7335 ACTION BY THE BOARD OF ADJUSTMENT
The Board of Adjustment shall review the variance application
against the Review and Evaluation Criteria established in Sectio+
7340 and shall either approve or deny the request , unless it
requires additional information before it can make a final
determination. In such case, the Board shall request the specific
information required and schedule a rehearing at its next regular
meeting.
The concurring vote of four members of the Board of Adjustment
shall be necessary to grant a Variance.
7340 REVIEW AND EVALUATION CRITERIA
The application for variance shall be reviewed and evaluated using
the following criteria:
A. The granting of the variance will not be contrary to the
public interest.
B. Special conditions exist , other than financial hardship alone,
whereby a literal enforcement of the terms of this Ordinance
will result in unnecessry hardship to the owner of the land.
C. The variance will not permit an activity upon the land which is
not allowed by the terms of this Ordinance.
D. The granting of the variance is consistent with the intent of•
this Ordinance, is in harmony herewith , and will not be
injurious to the neighborhood or otherwise detrimental to the
public welfare.
7345 LAPSE OF APPROVAL
Any variance granted or authorized by the Board of Adjustment
under the provisions of this Ordinance shall authorize the
issuance of the building permit for a period of one hundred eighty
(180) days from the date of favorable action of the Board , unless
said Board shall have in its action approved a longer period of
time and has so shown such specific longer period in the minutes
of its action. If the building permit shall not have been applied
for within said one hundred eighty (180) day period or such extended
period , as the Board may have specifically granted , then the
variance shall be deemed to have been waived and all rights there-
under terminated. Such termination and waiver shall be without
prejudice to a subsequent appeal and such subsequent appeal shall
be subject to the same regulation and requirement for hearing as
herein specified for the original appeal .
•
88
v .
7400 ADMINISTRATIVE APPEALS
7405 PURPOSE
The purpose of the Administrative Appeals procedure is to afford
review of administrative actions. Appeals concerning the
interpretation or administration of this ordinance may be made by
any person aggrieved , where such action may be in error Sections
7400 through 7499 shall be known as Administrative Appeals.
7410 JURISDICTION
Administrative Appeals shall be reviewed , evaluated, and acted on
by the Board of Adjustments.
7415 APPEALS
Appeals to the Board of Adjustment may be taken by any person
aggrieved , or by any officer , department , or board of the City
affected by the administrative decision of the Building Official
or other officials having responsibilities for the administration
or implementation of this Ordinance.
7420 SUBMISSION OF APPEALS
All appeals shall be submitted within fifteen (15) days time after
the decision is made upon which the appeal is based , by filing
with the Director of Planning a Notice of Appeal , specifying the
grounds upon which the appeal is based along with any fee
required by Section 7650. The burden of proof shall rest with
the appellant to establish the necessary facts to warrant
favorable action by the Board.
7425 STAY OF PROCEEDINGS
An appeal shall stay all proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken
certifies to the Board of Adjustment after the notice of appeal
shall have been filed with him/her that by reason of facts stated
in the certificate a stay would , in his/her opinion , cause imminent
peril to life or property. In such case proceedings shall not be
stayed otherwise than by a restraining order which may be granted
by the Board of Adjustment or by a court of record on application
on notice to the officer from whom the appeal is taken and on due
cause shown.
7430 PUBLIC HEARING AND NOTICE
The Board of Adjustment shall hold a public hearing at its next
regularly scheduled meeting , but no sooner than twenty-one (21 )
days. Notice of such public hearing shall be given as provided
for in Section 7630. Upon the hearing any party may appear in
person or by agent or by attorney.
89
7430 ACTION BY BOARD OF ADJUSTMENTS
The concurring vote of four (4) members of the Board shall be
necessary to reverse any order , requirement , decision or •
determination of any such administrative official , or to decide
in favor of the applicant on any matter upon which it is required
to pass under these provisions.
7500 AMENDMENT PROCEDURE
7505 PURPOSE
The purpose of the Amendment Procedure is to provide for changes
in the text of the Zoning Ordinance (Text Amendment) and the
application of the ordinance to property within the City of
• Wichita Falls by means of the Zoning Maps (Rezoning) . Sections
7500 through 7599 shall be known as the Amendment Procedure.
. 7510 JURISDICTION
The City Council shall have jurisdiction with respect to Text
Amendments and Rezoning. The Planning and Zoning Commission shall
review and submit recommendations to the City Council on all such
matters.
7515 INITIATION OF AMENDMENTS
The City Council or the Planning and Zoning Commission may •
initiate the amendment procedure. A rezoning may also be
initiated by the owner (s) or authorized agent (s) of property
as prescribed in this chapter .
7520 SUBMISSION REQUIREMENTS
An application for rezoning shall be submitted to the Director of
Planning along with any applicable fee required by Section 7650,
at least twenty-one (21 ) days prior to the regular meeting of
the Planning ?< Zoning Commission. The application shall include
the following information:
A. Complete name, address (including ZIP code) , and telephone
number of applicant.
B. Map of the area proposed for rezoning.
C. Present use.
D. Present zoning district .
E. Proposed use.
•
90
F. Proposed zoning district.
G. A vicinity map at a scale approved by the City Planning
Division showing property lines, streets, existing and proposed
zoning and such other items as the Director of Planning may
require.
7525 PUBLIC HEARING AND NOTICE
The Director of Planning shall schedule a public hearing at the
next regular meeting of the Planning and Zoning Commission and
shall provide notice as prescribed in Section 7635.
7530 REPORT OF THE DIRECTOR OF PLANNING
The Director of Planning shall review the application for rezoning
and submit a report to the Planning and Zoning Commission. This
report shall be made available to the applicant at least ten (10)
days prior to the public hearing.
7535 ACTION OF THE PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission shall determine as to whether
the change is consistent with the objectives of the Comprehensive
Plan and shall make recommendations to the City Council . The
Planning and Zoning Commission may recommend a more restrictive
classification than that requested by the applicant.
7540 ACTION BY THE CITY COUNCIL
A. Upon receiving a recommendation from the Planning and Zoning
Commission , the City Council shall hold a public hearing on
the Text Amendment or Rezoning. Notice of the public hearing
shall be given and prescribed in Section 7635.
B. If the City Council finds that the proposed change is
consistent with the objectives of this Ordinance or the
Comprehensive Plan , it may make such amendment by passage
of an ordinance.
C. Such amendment shall require three—fourths (3/4ths) vote of the
City Council if protest of the amendment has been filed 'with
the Director of Planning , duly signed and acknowledged by the
owners of at least twenty per cent (20%) of the lots included
in the proposed change or of the lots or land immediately
adjoining the same and extending 200 feet therefrom.
91
7545 RESUBMISSION OF REQUEST
Upon denial of a request for an amendment or change by the City
Council , no identical request may be submitted within twelve (12Alk
months from the date of the original request unless the applican
can show that substantial changes affecting the respective property
have occurred.
•
•
7600 PUBLIC NOTICE PROCEDURES AND FEE SCHEDULE
7605 PURPOSE
The purpose of this public notice procedure is to establish the
minimum requirement for notice to be given with respect to public
hearings required by this ordinance. The purpose of the fee
schedule is to establish fee applications and permits in order
to defray administrative costs. Sections 7600 through 7699 shall
be known as Public Notice Procedures and Fee Schedules.
7610 PROCEDURE FOR NOTIFYING PROPERTY OWNERS
Wherever public notice calls for notifying property owners by
mail , such notice shall be served by depositing the same, properly
addressed and postage paid , in the Wichita Falls post office, not
less than ten (10) days before the date set for the public hearing
to all such owners who have rendered their property for City taxes
as the ownership appears on the last official City tax roll .
7615 PUBLIC NOTICE FOR SITE PLAN REVIEW APPEALS
Notice of public hearing by the Planning and Zoning Commission for
a Site Plan Review appeal shall be given as follows:
Notice of the public hearing shall be posted at least 72 hours
prior to the public hearing in accordance with the Open Meetings
Law.
7620 PUBLIC NOTICE FOR CONDITIONAL USE PERMITS
Notice of public hearing for a Conditional Use permit by the
Planning and Zoning Commission shall be given as follows:
A. Notice shall be given to property owners of real property lying
within 200 feet of the property on which a conditional use
permit is being sought. Such notice shall be given at least
ten (10) days prior to the public hearing in accordance with
procedures prescribed in Section 7610.
B. Notice of the public hearing shall be posted at least 72 hours
prior to the public hearing in accordance with the Open
Meetings Law.
7625 PUBLIC NOTICE OF CONDITIONAL USE APPEAL
Notice of public hearing by the City Council for a Conditional Use
permit appeal shall be given as follows:
Notice of the public hearing shall be posted at least 72 hours
prior to the public hearing in accordance with the Open Meetings
Law.
93
A '
7630 PUBLIC NOTICE FOR VARIANCES AND ADMINISTRATIVE APPEALS
Notice of the public hearing for a variance or administrative
appeals shall be given as follows:
11111111
A. Notice of the public hearing shall be posted at least 72 hours� `y
prior to the public hearing in accordance with the Open
Meetings Law.
B. Notice shall be given to the parties in interest by mail at
least ten days prior to the public hearing date.
7635 PUBLIC NOTICE FOR ZONING AMENDMENTS
Notice of zoning amendments shall be given as follows:
A. PLANNING AND ZONING COMMISSION PUBLIC HEARING
1 . Notice of the public hearing shall be published at least 15
days prior to such public hearing date in a newspaper of
general circulation in Wichita Falls.
2. Written notice shall be given to property owners of real
property of the area of the lots or land included in such
proposed change and of the lots or land immediately adjoining
the same and extending 200 feet therefrom. Such notice shall
be given in accordance with the procedure prescribed in
Section 7610.
Notice of the public hearing shall be posted at least 72 •
hours prior to the public hearing in accordance with the
Open Meetings Law.
B. CITY COUNCIL PUBLIC HEARING
The notice of the City Council public hearing on a zoning
amendment will be similar to the procedure prescribed for the
Planning and Zoning Commission public hearing. However , such
notice shall not be given concurrently with the Planning and
Zoning Commission notice.
C. At least fifteen (15) days prior to the date of the Planning
and Zoning Commission public hearing , the applicant or his
agent shall place a sign or signs on the property proposed for
rezoning. Such signs shall be placed on the property , within
ten feet and parallel to any street right-of-way, and shall be
visible from such street. These signs shall be furnished by the
City for a fee prescribed in this ordinance, and the applicant
shall use best effort to maintain posting throughout the period
of the public hearings.
94
7650 FEE SCHEDULE
The following fees shall be required from the applicant or his
agent at the time of submission of any of the applications listed
below:
A. Site Plan Review Application: No fee.
Site Plan Review Appeal : $25.00.
B. Conditional Use Permit
Application: $25.00 + $0.50 for each property
owner notified by mail .
Conditional Use Permit Appeal : $25.00.
C. Administrative Appeals: $25.00.
D. Zoning Amendments (Rezoning) :
Basic fee: $100.00.
Notification fee: $1 .00 /ea. property owner notified
by mail .
Publication cost: As required.
Rezoning signs: $25.00 per sign refundable if sign
is returned within 30 days.
7700 ENFORCEMENT
The provisions of the Zoning Ordinance shall be administered and
enforced by the Planning Director. Sections 7700 through 7799
shall be called Enforcement.
7705 DUTIES OF THE PLANNING DIRECTOR
For the purpose of this Ordinance, the Planning Director shall
have the following duties:
A. Responsible for the general administration of the Zoning
Program as outlined in this Ordinance and ensuring compliance
with its various provisions; •
B. Upon finding that any of the provisions of this Ordinance are
being violated, notify in writing the persons responsible for
such violation (s) , ordering the action necessary to correct
such violation;
C. Order discontinuance of illegal uses of land, buildings, or
structures;
D. Order removal of illegal buildings or structures or illegal
additions or structural alterations;
E. Order discontinuance of any illegal work being done; or,
95
F. Take any other action authorized by thi's Ordinance to insure
compliance therewith or to prevent violations thereof . This
may include the issuance of and action on zoning permits and
certificate of occupancy permits and such other administrative
duties as are permissible under the law.
7800 BOARD OF ADJUSTMENT
•
7805 ESTABLISHMENT
It is hereby created and established a Board of Adjustment which
shall be organized and have all the powers and authority as set
forth in the Charter of the City of Wichita Falls, Texas and
Article 1011g , Vernon 's Texas Civil Statutes, or as the same is
hereafter amended.
7810 ORGANIZATION AND MEMBERSHIPS
The Board of Adjustment shall consist of five (5) members who
shall be residents of the City.
The Board members shall be appointed by the City Council . The
terms of such members shall be for a period of two (2) years;
however , the terms shall be so staggered that not more than three
( ) will be appointed during any one calendar year. The first
Board shall have three (3) members appointed for terms ending on
December 31 , 1986, and two (2) members appointed for terms ending
December 31 , 1985. The length of service of any member of the 0
Board of Adjustment shall not be for more than six (6) consecuti
years; however , a member may be reappointed after an absence of
(2) years. The City Council shall nominate one of the members
as chairman , and the chairman shall appoint a vice chairman , both
of which shall not serve more than a two (2) year term. The City
Council also shall appoint four (4) alternate members who shall
serve in the absence of one or more of the regular members when
requested to do so by the Mayor or the City Manager. All
appointees shall serve without compensation and may not hold an
elective office of the State of Texas or political subdivision
thereof .
7815 VACANCIES AND REMOVAL FROM OFFICE
Members of the Board of Adjustment may be removed by the City
Council upon written charges and after public hearing. Vacancies
shall be filled for the unexpired term of any member whose term
becomes vacant for any cause.
7820 QUORUM
For the purpose of transacting any business, four (4) members of
the Board of Adjustment shall constitute a Quorum and actions of
the Board shall be approved by a majority vote, except that a
96
concurring vote of four (4) members of the Board shall be required
to make a favorable determination for an application on any matter
upon which it is required to pass under this ordinance or to effect
any variation in this ordinance.
7825 RULES OR PROCEDURE
The Board of Adjustment shall adopt its own rules of order and
procedure to regulate both the actual meeting of the Board and the
activities directly related thereto. The rules shall deal only
with procedural matters and shall be available to the public and
kept on file in the Planning Department.
7830 PUBLIC MEETING REQUIRED
All meetings of the Board of Adjustment shall be open to the
public. The Board shall meet not less than once each month or as
necessary.
7835 POWERS AND DUTIES
The Board of Adjustment shall have the power and it shall be its
duty:
A. Administrative Appeal . To hear and decide appeals, where it is
alleged there is an error in any order , requirement, decision ,
or determination made by any Administrative Official of the City
in the enforcement of this Ordinance. The concurring vote of
four (4) members of the Board shall be necessary to reverse any
such order, requirement, decision, or determination , or to decide
in favor of the applicant on any matter upon which it is required
to pass under this ordinance, or to effect any variation in the
ordinance.
B. Variance. To authorize upon appeal in specific cases such
variance from the terms of this Ordinance as will not be
contrary to the public interest, where, owing to special condi-
tions, a literal enforcement of the provisions of this Ordinance
would result in unnecessary hardship and the granting of the
variance would provide substantial Justice conforming with the
spirit and intent hereof . •
7840 RECORDS
The Board of Adjustment shall keep minutes of its proceedings,
showing the vote of each member upon each question or if absent or
failing to vote indicating such fact and shall keep a record of
its examination and other official actions, all of which shall be
filed in the office of the Planning Department and shall be a public
record.
97
7900 PLANNING .AND ZONING COMMISSION
7905 ESTABLISHMENT
For purposes of the administration of this ordinance, the Planni
Board shall function as the Zoning Commission and shall hencefor,,
be identified in this ordinance as the Planning and Zoning Commis-
sion. It shall have the duties, powers and responsibilities as
outlined below.
7910 QUORUM
For the purpose of transacting any business, five (5) members of
the Planning and Zoning Commission shall constitute a quorum, and
all •actions of the Commission shall be approved by a vote of
no less ' than five (5) affirmative votes.
7915 POWERS AND DUTIES
The Planning and Zoning Commission shall have the power and it
shall be its duty:
•
A. To review and take action on appeals to the Site Plan Review
Procedure.
B. To conduct public hearings, review and take action on a
Conditional Use Permit application.
C. To conduct public hearings on any applications or proposals for
any amendment , supplement , or other change to the Zoning111
Ordinance and make recommendations to the City Council .
D. To act with and assist all other municipal and governmental
agencies, and particularly the City Council , in formulating and
executing proper plans of municipal development and growth
including annexation and disannexation.
411
93
{
C
8000 Zoning District Map
AAA
5000 Z ORI 104M DISTRICT MAP
8010 DELINEATION OF ZONING DISTRICTS
The boundaries of the zoning districts described in the Zoning
Ordinance are delineated on the Zoning Map of the City of Wichita
Falls. The Zoning Map, together with all legends, symbols,
notations, references, district boundaries, and other information
thereon shall be considered part of this Ordinance as if the same
were set forth herein in detail . The Zoning Map may be prepared
in sections as required to adequately portray the boundaries of
districts.
8020 OFFICIAL ZONING MAP
Three (3) original , official , and identical copies of the Zoning
Map are hereby adopted bearing the signature of the Mayor and
attestation of the City Clerk and shall be filed and maintained as
follows:
A. One (1 ) copy shall be filed with the City Clerk and retained as
the original record and shall not be changed in any manner.
B. One (1 ) copy shall be filed with the Building Official and
shall be maintained up-to-date by the Director of Planning by
posting thereon changes and subsequent amendments.
C. One (1 ) copy shall be filed in the Planning Department and
shall be maintained up-to-date by the Director of Planning by
posting thereon all changes and amendments.
8030 BOUNDARIES OF ZONING DISTRICTS
The zoning district boundary lines shown on the Zoning Map are
usually along streets, alleys, property lines, or extensions
thereof . When uncertainty exists with respect to the zoning
districts as shown on the Zoning Map , the following rules shall
apply:
A. Boundaries indicated as approximately following the center
lines of streets, alleys, or highways shall be construed to
follow such center lines.
B. Boundaries indicated as following shore lines shall be
construed to follow such shore lines, and in the event of
change in the shore line shall be construed as moving with
the actual shore line. Boundaries indicated as approximately
following the center lines of streams, rivers, canals, lakes,
or other bodies of water shall be construed to follow such
center lines.
C. In case of a district boundary line dividing a platted lot
into two parts, the district boundary line shall be construed
99
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t/z be the nearest property line.
^
D. Bomndgries indicated as parallel to or extensions of features ~
indicated in subsections A. through C. above, shall be so - ^
construed. Distances not specifically indicated on the Zonin, ��
Map shall be determined by the scale of the map.
8040 CLARIFICATION OF BOUNDARY LOCATION
All questions concerning the exact location of district boundary
lines or the meaning and intent of textual provisions of this
Ordinance shall be determined by the Planning and Zoning
Commission according to the rules and regulations which may be
adopted by it.
100
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