Ord 045-88 4/19/1988 t
ORDINANCE NO. 45-88
AN ORDINANCE AMENDING CHAPTER 194-i OF THE CODE OF ORDINANCES
OF THE CITY OF WICHITA FALLS; PROVIDING REQUIREMENTS FOR
OUTDOOR STORAGE YARDS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
PENALTIES FOR VIOLATIONS AND MAKING THIS ORDINANCE CUMULATIVE
OF OTHER ORDINANCES AND PROVISIONS OF THE CODE OF ORDINANCES
OF THE CITY OF WICHITA FALLS.
WHEREAS, the present city ordinance regulating outdoor storage
yards is in need of updating.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS THAT:
SECTION 1. CHAPTER 194 of the Code of Ordinances of the City of
Wichita Falls is hereby amended to read as follows:
"OUTDOOR STORAGE YARDS
SECTION 191-1 DEFINITIONS
Outdoor storage - Any material, vehicle, or equipment that has
been used, discarded, damaged, or partially dismantled and is stored
or held outside as inventory for future sale, processing or use. Such
articles shall include, but not be limited to: Automobiles or automo-
bile parts, appliances, boxes, crates, pipe or pipe fittings, paper,
metal, tires, furniture, fixtures, machinery, motors, lumber, build-
ings or portions of buildings, building materials, barrels, or cloth-
ing.
Outdoor storage yard - Any parcel, or part of land, not within a
building, upon which outdoor storage is bought, sold, processed,
stored, exchanged, baled, or packaged.
Motor vehicle salvage yard - Any outdoor storage yard used for
the deposit of dismantled or junk motor vehicles which, in their
present state, are unfit for use on public highways; or any outdoor
storage yard used for the deposit of any discarded material which has
been a part of intended to be a part of any motor vehicle.
Public right-of-way - A strip of land acquired by reservation,
dedication, prescription or condemnation and used or intended to be
used as a public roadway.
Fence - A structure, erected to enclose and screen areas of
property, constructed as required by Section 191-3 of this Chapter.
2
SECTION 191-2 OUTDOOR STORAGE YARD, GENERAL REQUIREMENTS
(a) Outdoor storage yards shall be kept and maintained in such a
manner that will not hinder nor obstruct fire fighting operations.
Access to each area of storage and each building on the premise shall
be provided by means of roadways and/or aisles as required by the Fire
Chief.
( 1) Access roadways, when required by the Fire Chief,
shall provide not less than fifteen ( 15) feet of
clear, unobstructed width.
( 2) Any access roadway shall be provided with a turning
radius of sufficient width to accommodate fire fighting
apparatus.
( 3 ) Areas around or under storage materials or buildings
shall be kept free and clear of accumulations of grass,
weeds, brush or other uncultivated vegetation.
( 4 ) The willful burning of storage material is prohibited.
No outdoor fire shall be purposely started nor
maintained unless written permission has been obtained
from the Fire Department.
SECTION 191-3 FENCING OF OUTDOOR STORAGE YARDS
(a) Every outdoor storage yard shall have an approved fence
installed and maintained which will provide a screen to obscure the
view of such storage yard from a public right-of-way and from single
and multi-family residences. Such fences shall be installed in the
following locations as a minimum requirement:
( 1) Along the perimeter of that ,part of the outdoor storage
yard that is within three hundred ( 300) feet of a
public right-of-way, and
( 2) Along the perimeter of that part of the outdoor storage
yard abutting land upon which is located, on the
effective date of this ordinance, single or multi-
family dwellings within three hundred ( 300) feet of
such outdoor storage yard.
(b) Fences, as required by Section 191-3 (a) shall comply
with the following requirements:
( 1) Fences shall be sheathed with boards, slats, metal, or
other approved materials, securely nailed or attached
to supports, which will provide an effective visual
screen. Transparent or translucent sheathing materials
shall not be permitted.
( 2) Sheathing material for screening shall extend at least
six ( 6) feet.
3
(3) A building permit shall be obtained from the Inspection
g P
Division prior to construction. Written plans and
specifications must be submitted at the time of permit
application.
(4) In no case shall earthen berms, vegetation or auto
parts be used to meet the fencing requirements contain-
ed herein. The use of used or salvage materials shall
be prohibited unless specifically noted on plans and
approved by the Building & Code Administrator.
( 5) Sheathing materials, posts, rails, or any other
fencing construction materials shall be naturally
weather resistant or shall be painted or finished to
resist decay or rust. Fences shall be maintained by
repair, painting, or replacement as necessary to
maintain stability, screening and weather resistance
and decay resistance.
(6) The provisions of this section shall apply equally to
new and existing fences and such fences shall not be
deemed to be in compliance with this section until
inspected and approved by the Building and Code
Administrator or his designee.
(c) Gates, normally used for access to the outdoor storage yard
may not be required to provide a solid screen. If such screening
exception is allowed, the salvage yard immediately behind and perpen-
dicular to such gate, to a distance of a least thirty ( 30) feet, shall
be kept clear of all storage materials.
(d) Buildings that are used for normal operation of the
business, such as storage, sales, or office buildings may not be
required to be fenced, however, materials may not be stored in front
of or to the side of such buildings so as to be open to public view,
except that the incidental outdoor display of commodities for retail
sale may be permitted when approved in writing by the Building & Code
Administrator.
(e) A vehicle display area of a motor vehicle salvage yard may
not be required to be fenced if such area is used for the display of
non-dismantled, titleable vehicles being held for resale. Such
vehicle display area shall not be used for the display of other used
or salvage materials, merchandise, or parts whatsoever. The vehicle
display area shall not exceed one hundred fifty ( 150) feet in length
measured along the front property line, and such area shall not con-
tain more than fifteen ( 15) vehicles. Such area shall be fenced as
otherwise required herein at the rear in order to obscure public view
from vehicles or materials not located in the display area.
•
4 •
( f) Areas of land used for the outdoor storage or display of
materials or vehicles incidental to the principal activity of a
business shall not be required to comply with the provisions of Sec.
191-3 if such area is included as one of the following uses.
(1) New or used automobile and related vehicle sales lots
(authorized by a Texas Motor Vehicle Dealers License) .
( 2 ) Storage yards incidental to the on-site sale of new
building materials, new heavy machinery, new farm
equipment, new nursery products, new mobile homes,
new boats or new trailers.
( 3 ) Storage yards for supplies and/or raw materials
necessary to the on-site manufacturing, fabrication
or assembly of finished products.
( 4) Contractors storage or equipment yards.
( 5 ) Parking areas for vehicles and trailers incidental to
rental businesses.
( 6 ) Parking areas for vehicles incidental to transporta-
tion and hauling activities of commercial businesses
and government entities.
(7 ) Parking areas for vehicles awaiting service at auto
repair or auto body shops.
( 8) Existing outdoor storage yards in Heavy Commercial
(HC) and Heavy Industrial (HI ) zoning districts.
(g) Any exemption referenced in subsections (c) -( f) shall not be
construed as authority to violate or set aside any other requirement
of this Chapter.
(h) The fencing requirements of this section shall be completed
within one hundred eighty ( 180) days from the effective date of this
ordinance.
SECTION 191-4 NO STORAGE ON PUBLIC RIGHT-OF-WAY
No storage material shall be kept or stored upon a public right-
of-way.
SECTION 191-5 APPEALS
Whenever it is claimed that the provisions of this chapter do not
apply, or when owing to conditions peculiar to the property and not
the result of the owner of such property, the owner or his duly auth-
orized representative may appeal to the Zoning Board of Adjustments.
Such appeal procedure shall be consistent with Section 7300 , "Variance
Procedures" , contained in the Zoning Ordinance of the City of Wichita
Falls.
5•
SECTION 194-6 PENALTIES FOR VIOLATIONS
Any person, firm, association of persons, company or corporation
or their agents, servants, or employees who operate an outdoor storage
yard in violation of this ordinance shall upon conviction of such
violations be punished by a fine not exceeding five hundred dollars
($500.00) . Each violation shall constitute a separate offense and
each day that the violation continues shall constitute a separate
offense."
SECTION 2. SEVERABILITY OF PROVISIONS
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional,
such invalidity or unconstitutionality shall not effect the validity
portions of this
ordinance, it
' onalit of the remaining ,
or constitutionality g P
being hereby expressly declared that this ordinance and each section,
subsection, sentence, clause and phrase hereof would have been pre-
pared, 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.
SECTION 3 . CUMULATIVE PROVISIONS
This ordinance shall be and is hereby declared to be cumulative
of the provisions of the Code of Ordinances of the City of Wichita
Falls, and amendments thereto regulating outdoor storage yards.
SECTION 4. PENDING LITIGATION
All pending litigations and existing violations both civil and
criminal, whether pending in court or not, under Chapter 19* of the
Code of Ordinances of the City of Wichita Falls, an• amendments
thereto, suspended by this ordinance, shall not be affe' ted by this
ordinance but may be prosecuted until f ' nal disposition b, the ourts.
PASSED AND APPROVED THIS THE 1= •f ,h1 , 9:8.
.411111E le--
M A Y O R
ATTEST:
( 144/114'd
CITY CLERK
Ad 2582L(2
Affidavit of Publication
THE STATE OF TEXAS
ORRDINANE AMENDING COUNTY OF WICHITA
AN ORDINANCE AMENDING
CHAPTER 19'1 OF THE CODE OF
ORDINANCES OF THE CITY OF re)
P WICHITA FALLS;PROVIDING RE-
QUIREMENTS FOR OUTDOOR 6th
May
STORAGE YARDS;PROVIDING A day Of
SEVERABILITY CLAUSE;PROVID- 1 On this
ING PENALTIES FOR VIOL-
ATIONS 1988
AND MAKING THIS OR- '�
OTHEROTHER DINANCE CUMULATIVE of A.D. personally appeared before me, the undersigned authority
ORDINANCES AND
PROVISIONS OF THE CODE OF D a r i c e Min g
ORDINANCES OF THE CITY OF bookkeeper
WICHITA FALLS.
ORDINANCE NO.47-88
ORDINANCE WAIVING SEC- for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
TION 27-29 OF THE CODE OF
ORDINANCES WITH RESPECT TO Times/Record News, a newspaper published at Wichita Falls in Wichita County,
PLACING A SIDEWALK ALONG
THE WEST LINE OF LOT 4-A,ED
WOODALL SUBDIVISION NO.2. Texas, and upon being duly sworn by me, on oath states that the attached
ORDINANCE NO.43-88.
ORDINANCE TRANSFERRING'. advertisement is a .true and correct copy of advertising published
'$20,000.00 FROM ACCOUNT I one e 1
.NUMBER '11.-233-4113 TO AC- in issues thereof on the following dates:
COUNT NUMBER 11-515-4430
FOR PURPOSES OF CONTRACT- ' May 6 1988
ING WITH MIDWESTERN STATE t
UNIVERSITY FOR- REGIONAL:1
DATA BASE SERVICES•_AND
AUTHORIZING THE CITY MAN-
AGER TO NEGOTIATE AND EX-
ECUTE A CONTRACT WITH MID- '\ �
WESTERN STATE UNIVERSITY u
FOR PROVISION OF SAID SER-
VICES. i Bookkeeper for Times Publishing Company
' ORDINANCE NO.44-88 of Wichita Falls
ORDINANCES APPROPRIATING 'II
$30,000.00 FROM THE I
HOTEL/MOTEL EQUITY FUND TO I
THE CONVENTION AND vis- L) Subscribed and sworn to before me this the day and year first above written.
(TORS BUREAU FOR PURPOSES
OF FUNDING A SPECIAL EVENTS
COORDINATOR AND FOR C
BILLBOARD ADVERTISING. ^
ORDINANCE NO.48-88 �Q C p. --'
ORDINANCE AMENDING ORM-
i NANCE NO.42-88 TO PROVIDE
I THAT THE FUNDING FOR THE
FEASIBILITY ASSESSMENT FOR
REINVESTMENT ZONE#1 SHALL
BE ACCOMPLISHED BY TRANS ,: r
,FERRING$60,000.00 FROM AC-
,COUNT NUMBER 11-232 4113 r;;. .,..,,,
TO ACCOUNT NUMBER " ,£.
67-670-1420 RATHER THAN AP- ]i y i ^.� � -;�G, ,z
I PROPRIATING- SAID FUNDS {, '-li;'.:F;;: _j'7-9'7
FROM GENERAL FUND EQUITY. , _
ORDINANCE NO.49-88 ! IAN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND TO• ACCOUNT NUMBERS LISTED 52-88
BELOW AND DECLARING AND
CE TPROVISIONS YCEAND OF WAIVING INT ORDINANCEREST - .
EMN .
ERGEORDINACYNCE NO.50-88 E
ORDINANCE WAIVING SEC- j 48-83 FOR DELIQUENT TAXES
TIONS 22-1(A)2)AND SECTION ; DUE TO CITY ON TAX AC-
;22-3 OF THE CODE OF ORDI- ', C O U N T N U M B E R
NANCES, AND RESOLUTION 2790-005-0000.
NUMBER WICHITA! ORDINANCE ORDINANCE 53-88
WAIVING NG
O THE
COUNTY SHERIFF'S ASSOCIA- ; PENALTY AND INTEREST
TION TO DRIVE VEHICLES UPON PROVISIONS OF ORDINANCE
JAYCEE PARK, TO EXTEND 48-83 FOR DELIQUENT TAXES
CURFEW HOURS.THEY WISH TO DUE TO CITY ON TAX AC-
SPONSOR A,;_CONCERT._AT., COUNT NUMBER
• JAYCEE ENEF TMTHE i-. 3400-067-0000.ORDINANCE NO.54-88
•
23-24,' 1988 TO- .. _
WICHITA COUNTY SHERIFF'S CITY TRANSPORTATION DE- -
ASSOCIATION .
ORDINANCE NO.51-88 PARTMENT TO.PROVIDE FREE
ORDINANCE WAIVING THE TRANSPORTATION ON MAY 7,
ORDINANCE
PENALTY -AND'< INTEREST'. 1988, FOR VOTERS TRAVELING
PROVISIONS OF ORDINANCE• • TO AND FROM THE POLLING
48-83 FOR DELIOUENT TAXES PLACES.ORDINANCE NO.46-88
DUE TO CITY ON TAX C O U N T N T NUMBERS ORDINANCE AMENDING ORDI-
0 1 3 0 - 0 1 7 - 0 2 0 2 , NANCE NO. 11-88,WHICH ES-
, 1 0 9 0 . 0.6 0 - 0 0 0 0 , TABLISHED THE TRAFFIC SAFETY
1 4 9 0 0 - 0 6 0 - 0 0 0 0 , COMMISSION,TO MAKE SOME
0130-012-0100, AND CHANGES IN MEMBERSHIP AND
0130-058-0100
QUORUM.
ORDINANCE NO.52-88
ORDINANCE WAIVING THE
PENALTY AND INTEREST
PROVISIONS OF ORDINANCE 1
._ -_ -.... nee rtl WAIT TAXES 1