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Ord 25-2026 Public Notice Procedures and Fee Schedule Additions 06/02/2026 Ordinance No. 25-2026 Ordinance amending the Code of Ordinances, Appendix B: Zoning, an amendment to Section 7500 — Amendment Procedure, Section 5100 — Home Occupations, and Section 7600 — Public Notice Procedures and Fee Schedule Additions to comply with bills passed during the 89th Texas Legislature WHEREAS, the 89th Session of the Texas Legislature passed House Bills June 12th, 2025; and, WHEREAS, the city staff has reviewed this proposal and recommends approval of the amendment to the Code of Ordinances; and, WHEREAS, the Planning and Zoning Commission on May 13th, 2026, voted to recommend presenting the Zoning Amendment and development regulations to City Council for adoption; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . The Code of Ordinances, Appendix B Zoning, is hereby amended as set forth in Exhibit 1 . 2. Should any word, phrase, paragraph, section or portion of this ordinance or the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. 3. This Ordinance shall be effective July 2, 2026. PASSED AND APPROVED this the 2nd day of June, 2026. ...-1.---1_, MAYOR ATTEST: /1--,,,,Go v �6 City Clerk Exhibit 1 7500 AMENDMENT PROCEDURE § 7505 Purpose The purpose of the amendment procedure is to provide for changes in the text of this zoning ordinance (text amendment) and the application of the ordinance to property within the city 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 Commission shall review and submit recommendations to the city council on all such matters. § 7515 Initiation of amendments The city council or the Commission may initiate the amendment procedure. A rezoning may also be initiated by the owners or authorized agents of property as prescribed in this [ordinance]. § 7520 Submission requirements An application for rezoning shall be submitted to the Director of Development Services, along with any applicable fee required by section 7650, at least 21 days prior to the regular meeting of the 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. F. Proposed zoning districts. G. A vicinity map at a scale approved by the city Development Services Division showing property lines, streets, existing and proposed zoning and such other items as the Director of Development Services may require. § 7525 Public hearing and notice The Director of Development Services shall schedule a public hearing at the next regular meeting of the Commission and shall provide notice as prescribed in section 7635. § 7530 Report of the Director of Development Services The Director of Development Services shall review the application for rezoning and submit a report to the Commission. This report shall be made available to the applicant at least ten days. 5100 HOME OCCUPATIONS § 5105 Purpose The purpose of the home occupation provisions is to allow for the use of a portion of a residential structure for a nonresidential use which is clearly an accessory use to the existing residential use and does not change the residential character of the site and/or neighborhood. Sections 5100 through 5199 will be known as the home occupation provision of the zoning ordinance. (Ordinance 101-94, sec. 1 , adopted 8/2/94) § 5110 Applicability The home occupation provision shall be applicable only to authorized single-family residences, duplexes, or dwelling units in a multi-family use The Director of Development Services or his designee shall have the responsibility of enforcement of the provisions shown herein. (Ordinance 101-94, sec. 1 , adopted 8/2/94) § 5115 Home occupation as accessory use only The home occupations 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 practitioner. A detached building may be used for the home occupation as long as the use of the structure maintains the same residential character as found with other structures in the same neighborhood and conforms with other requirements found herein. (Ordinance 101-94, sec. 1 , adopted 8/2/94) § 5120 Residential character to be maintained The residential character of the lot and dwelling shall be maintained by the following: 1 . The exterior of the dwelling shall not be altered in any manner so as to accommodate a home occupation. 2. An accessory building may be added on the property to accommodate the home occupation if the accessory building maintains the same residential character as the primary structure. 3. No more than 25 percent of the total gross floor area, not to exceed 500 square feet, of the residential building may be used for the home occupation or associated storage not contrary to the regulations provided herein. 4. No equipment, material or merchandise associated with the home occupation shall be displayed or stored where visible from anywhere off the premises. 5. No signs advertising the home occupation shall be placed on the premises. 6. The home occupation shall not require or utilize pick-ups or deliveries by vehicles exceeding 19,000 pounds gross vehicle weight (GVW) to support the home occupation. 7. No chemicals, fuels or hazardous materials of any type will be stored on premises other than the amount normally associated with a typical residential use. 8. No outdoor lighting, intended for security or other reasons, shall be permitted to produce glare onto adjacent residential properties, or light onto adjacent residential properties greater than 0.3 footcandles as measured at the property line. For the purpose of this provision, glare is defined as the viewing of a light source to include the bulb and any associated reflector as part of a light fixture, or the reflected viewing of a light source from an object not associated with the light source. 9. No commercial vehicle exceeding 9,000 pounds gross vehicle weight (GVW)shall be permitted to park overnight on the premises of a home occupation or within the residential neighborhood. (Ordinance 101-94, sec. 1 , adopted 8/2/94) § 5125 Employment or participation limitations No person other than the resident of the dwelling unit shall participate in the home occupation on the premises. The dwelling unit shall not be used as a place of congregation for work off the premises. (Ordinance 101-94, sec. 1 , adopted 8/2/94) § 5130 Use limitations Home occupations shall be subject to the following use limitations: 1 . No direct selling of merchandise shall be allowed. However, storage of merchandise for delivery may be permitted subject to the following limitations: A. Stored merchandise shall not be visible from anywhere off the premises. B. Method of delivery or pick-up shall not be made by carriers exceeding 19,000 pounds gross vehicle weight (GVW). 2. No outdoor lighting, intended for security or other reasons, shall be permitted to produce glare or light onto adjacent residential properties. 3. The home occupation, structure used for the home occupation, or any situation as a result of the home occupation, shall not generate any noise, glare, odor, light, vibration, or like sensory impacts, not normally associated with a typical residential use, and for a length of time or frequency normally associated with a typical residential use, onto an adjacent residential property. 4. Garage sales shall be permitted no more than four times per calendar year, with such garage sales lasting no more than three consecutive days each time. 5. 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. (Ordinance 101-94, sec. 1 , adopted 8/2/94) § 5135 Hours of operation The hours of operation shall be limited to no earlier than 8:00 a.m. and no later than 9:00 p.m. (Ordinance 101-94, sec. 1 , adopted 8/2/94) 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 7650 shall be known as public notice procedures and fee schedules. § 7610 Procedure for notifying property owners Whenever 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 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 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 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 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. § 7630 Public notice for variances and administrative appeals Notice of the public hearing for a variance or administrative appeals shall be given as follows: A. 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. Notice shall be given to the parties in interest by mail at least ten days prior to the public hearing date. C.At least 15 days prior to the date of the Zoning Board of Adjustment public hearing, the applicant or his agent shall place a sign or signs on the property for which the variance or administrative appeal has been submitted. 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 streets. 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. D.Written notice shall be given to property owners of real property lying within 200 feet of the property on which a variance is being sought. Such notice shall be given at least ten days prior to the public hearing in accordance with procedures prescribed in section 7610. (Ordinance 76-86, sec. 1 , adopted 9/16/86) § 7635 Public notice for zoning amendments Notice of zoning amendments shall be given as follows: A. 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 the city. 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. 3. Notice of the public hearing shall be posted at least 72 hours prior to the public hearing in accordance with the open meetings law. 4. Notice of the public hearing shall be published on the City's maintained website no later than 15 days prior to the public hearing. 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 Commission public hearing. However, such notice shall not be given concurrently with the Commission notice. C.At least 15 days prior to the date of the Commission public hearing, the applicant or his agent shall place a sign or signs on the property proposed for rezoning. Such signs, measuring 24 inches long and 48 inches wide, 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. § 7650 Fee schedule Fees shall be established as provided in the fee ordinance passed by the city council, which may from time to time adjust and revise the fees without amending this ordinance. (Ordinance 83-85, sec. 9, adopted 8/6/85; Ordinance 28-86, secs. 11 , 12, adopted 4/1/86; Ordinance 76-86, sec. 1 , adopted 9/16/86; Ordinance 104-86, sec. 1 , adopted 12/16/86; Ordinance 89-87, sec. 2, adopted 9/15/87) § 7700 Enforcement The provisions of this zoning ordinance shall be administered and enforced by the Community Development Director of Development Services. Sections 7700 through 7705 shall be called enforcement. § 7705 Duties of the Director of Development Services For the purpose of this ordinance, the Director of Development Services 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 violations, 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 F. Take any other action authorized by this ordinance to ensure 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 prior to the public hearing. § 7535 Action of the Commission The 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 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 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. Proposed comprehensive zoning changes, as defined by Section 211 of the Texas Local Government, shall require three-fourths vote of the city council if protest of amendment has been filed with the Director of Development Services, duly signed and acknowledged by the owners [of] at least 20 percent of either the area of the lots or land included in the proposed change or the area of the lots or land immediately adjoining the same and extending 200 feet therefrom. D. Proposed non-comprehensive zoning changes, as defined by Section 211 of the Texas Local Government Code, shall require three-fourths vote of the city council if protest of amendment has been filed with the Director of Development Services, duly signed and acknowledged by the owners [of] at least 20 percent of either the area of the lots or land included in the proposed change or the area of the lots or land immediately adjoining the same and extending 200 feet therefrom. E. Proposed non-comprehensive zoning changes, as defined by Section 211 of the Texas Local Government Code, having the effect of allowing more residential development than the existing zoning regulation or district boundary, and does not have the effect of allowing additional commercial or industrial uses, unless limited to the first for of a residential development and not exceeding 35 percent of the overall development, shall require an affirmative vote of the majority of Council if protests of the amendment has been filed with the Director of Development Services duly signed and acknowledged by the owners of at least 60 percent of either the area of the lots or land included in the proposed change or the area of the lots or land immediately adjoining the same and extending 200 feet therefrom. § 7545 Resubmission of request Upon denial of a request for any change, amendment, or any other action requiring action on this ordinance by the Commission, Board of Adjustment, or city council, no resubmittal shall be made within six months from the date of the latest request, unless the applicant can show that substantial changes affecting the respective property have occurred. The Development Services Director shall determine if substantial changes have taken place. (Ordinance 32-94, sec. 1 , adopted 3/16/94)