Ord 1452 2/5/1948 January 12, 1948
The City Council
City of Wichita Falls , Texas
In accordance with Ordinance 1373 of the City of 7ichita
Falls, passed and approved the first day of November, 1943,
and in accordance with the laws of the state of Texas , the
undersigned herewith submits to the City Council a plan and
ordinance with maps for zoning the City of Wichita Falls, Texas.
Your commission recommends acceptance of the attached or-
dinance, maps, and allied papers, and requests the City Council
to enact into law the said ordinance and allied papers.
Planning and nine* Con
nission
P. S. Richardson, Chairman
eZ
s
PROPOSEN) ZONING ORDIl,'t,NCE
FOR
'iICHITA FALLS, TEXAS
By
EIRE & IMAIR.E
Landscape Architects and City Planners,
Kansas City, Missouri
AN ORDINGANCE TO R:GUTATE THE LOCATION AND USE OF BUILDINGS,
STRUC'I' IISS, :',ivD LAND FOR Tw,D& INDUSTRY, RESID.Lu E, AMID OTHER PUR-
POSES; TO REGULATE AND LMIT TIRE FIGHT OF BUILDINGS HEREAFTER.
ERECTED OR AIS MM; TO REGULA^-LE, AID D 1 IOMINE THA AREA OF YARDS,
COURTS iy.1�TD OTH R OPEN SPACES, IN CONNECTION WITH BUILDINGGS; TO
�.J !M E1
'��EGULATE r��•JD LIMIT I�I:E D GSIT` OF POPJL"sTION; TO PROVID-1 "`'C"�"1.'IOiGS
TO THE ABOVE REGULATIONS; TO PROVIDE FOR OFF-STREET MKING AND
LOADI-NG; TO DIVIDE T,& CITY INTO DISTRICTS AND ESTABLISH) BY REF-
, CE TO A 'L,► , TEE BOUNDARISS OF SAID DISTRICTS FOR SAID PURPOSES;
TO PROVIDE FOR A BOrRD OF 'DjU rE:HiNT AID D"INIING ITS PU14T uRS, AIND
DUTIES; TO PROVIDE FOR ITS E:.V'70RCE, ANT AND PRESCRIBING PENGALTIES
FOR THE VIOLtiTION OF ITS PROVISIONS; TO PROVIDE FOR !DN:1=%?`7`I'S TO
7IS ORDINANCE; TO PROVIDE FOR PEM.1ITS AND CERTIFICATES OF OC CU-
P.A],TCY; TO PROVIDE FOR ITS INTERPRETATION AND TEAT OF OT�r,ROR CRDIN��GCES
LAWS OR COVENANTS, ETC. , RELIMUG TO TPE SA?dE OR SIMLAR SUBTECTS;
TO PROVIDE TEAT IF ANY CLdaUSE, SE TEI?CE, SECTIOIG, PARt�0RA H OR PART
OF THIS ORDINANCE SHALL BE HELD INVALID, SUCH F1�zTALIDITY S ILL NOT
IN6TAIMATE Try P�'.N:AINDER; TO PROVIDE FOR `I�3E REPEAL OF L OT'r?;
ORDIiI3NGCES OR PARTS OF SUCH ORDINANCES IN COTINT=CT '.ITH THIS ORDI-
NANCE.
T
ORD3 AECE NO.
Z!l�
AN ORDINANCE TO REGUL�lE ZID RESTRICT THE USE OF
LAND AND THE LOCATION OF BUILDINGS DESIGITTED FOR SPECIFIED USES;
TO RJGULkTE AITD RESTRICT THE LOACTIOY-OF TRADES AND INDUS-
TRIES; TO REGULATE ZD LIT,-IT Tn-' HEIGHT AI\TD BULK OF BUILD-
I1GS HEREAFTER ERECTED OR ALTERED; TO RZWLATE ,JM DET.GIiME
THE; Alan OF YARDS, COURTS AND POTHER OPEN SPACES, IN COITIE;C-
TION tr'ITH BUILDINGS AND/Oft SURROUNDING BUILDII�.GS H, AFTER
ERECTED OR P►LTERED; TO REGUL;M, AND LIiJT THE D NSITY OF
POPULATION; TO DIVIDE THE CITY INTO DISTRICTS AIM ESTABLISH
BY IMF MNCE TO A IAP, THE BOUNDARIES OF SUD DISTRICTS FOR
STUD PURPOSES; TO PROVIDE FOR A BOARD OF ADJUS'fLll,,TS AND DFr
FITTING ITS PaITERS AND DUTIES; TO PROVIDE FOR ITS ENFORCEi ET
AT1D PM SCRIBING THE FOLLOWIITG PlMlLTIIuS: 4iNY PERSON, FIin:
OR CORPORATION ,1HO VIOL-`MS, DISOBEYS, O e1ITS, E-4MLEECTS, OR
I?,�FUSES TO COMPLY rIITH, OR ullO -%ESISTS THE LNFORCEh,:El%'TS OF
.ANY OF THE PROVISIONS OF THIS ORDINANCE, SHALL, UPON CON-
VICTIOTT, BE FINED T1OT LESS THP.I�T TE11T DOLLARS W10) OR MORE
THAN OIa�w, HUI.'DIJED DOLL ARS (�100) FOR EACH OFFENSE. EACH DAY
THAT A VIOLATION IS PERI:ZTTED TO EXIST SHALL C011STITUTI A
SEPA.:ZAE OFF`12TSE; TO PROVIDE FOR TEE AMMM"TS TO THIS
ORDINANCE; TO PROVIDE FOR PETS AND CERTIFICATES OF OC-
CUPI)INCY; TO PROVIDE FOPS: ITS INTERPRET:1TION AND THAT OF OTHER
ORDINA.,CES OR L;GS M COVENANTS, ETC., R TITTG TO TIE SA1Z
OR SI;ZL R SUBJECTS; TO PROVIDE THIN IF ANY CLAUSE, SENTENCE,
SECTION, PARAGR'IPH OR PMT OF THIS ORDINANCE SHALL By HELD
INVALID OT INVALIDAM TIE, M:kIN-
I `L
DER; TO PROVIDE FOR THE REPEAL OF ,jL OTHER ORDINATICES OR
PARTS OF SUCH ORDINANCEES IN COYFLICT 1"aTH THIS ORD12TA110E.
s°n !
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` .
WHEREAS, by the provisions of Chapter 283,
General laws, passed by the regular session of the
Fortieth Legislature of the State of Texas in the
year of 1927, authority is conferred upon the City
of. Wichita Falls, Texas, to establish districts or
zones within its corporate limits for the purpose
of better regulating the use of land and control-
ling the density of population, to the end that
congestion upon the public streets may be lessened,
the public health, safety, convenience and general
welfare promoted; and
I'MREAS, the City Planning and "oning Commission,
actin,- as the Zoning Commission, created under the provis-
ions of. the General Laws of the State of Texas and by ordi-
nance, and pursuant to the provisions of ordinances of the
City of '4Vichita Falls, Texas, duly adopted, have recommend-
ed boundaries or districts and appropriate regulations to
be enforced therein, and public hearings having been held,
at which all owners of property affected were given ample
opportunity, after public notice by advertisement, to file
their protests or criticisms, if any they had; and
WHEREAS, the passage, promulgation and enforce-
ment of the provisions hereinafter contained are deemed
to be necessary for the promotion of the health, safety,
morals or general welfare of the community, to carry out
the governmental powers delegated to and possessed by the
City of 'Niehita Falls, Texas, for securin_; the objects here-
inbefore expressed:
THiKRE UkI�: BE 1T ORDAINED BY liati, CITY COLT CIL
OF THE CITY OF WICHITA•FALLS, TEXAS:
Section 1. DISTRICTS. The City of Wichita Falls, Texas
is hereby divided into seven (7) districts, as follows:
District A. First Dwelling House District
District B. Second Dwelling House District
District C. Apartment District
District D. Local Business District
District E. General Business District
District F. Light Industrial District
District G. Heavy Industrial District
Section 2. DISTRICT MAP ADOPTED. Boundaries of the
districts, as enumerated in Section 1 of this ordinance, are here-
by established as shown on the map (in 13 sections) attached here-
to, which map is hereby designated as the "Zoning District Map",
and said map and all the notations, references and information
shown thereon are hereby made as much a part of this ordinance
as if the same were set forth in full herein. It shall be the
duty of the City Secretary to keep on file in his office an
authentic copy of said map, all changes, amendments or additions
thereto, and duplicate copies thereof shall be kept on file in
the office of the City Planning Commission and City Engineer.
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Whhen definite distances in feet are not shown on the
Zoning District Map, the district boundaries are intended to be
along existing street, alley or plotted lot lines or extension of
the same, and if the exact location of such line is not clear, it
shall be determined by the City Engineer, due consideration being
given to location as indicated by the scale of the Zoning District
Map.
.;'Then the streets or alleys on the ground differ from the
streets or alleys as shown on the Zoning District Map, the City
Engineer may apply the district designations on the map to the
streets or alleys on the ground in such manner as to conform to
the intent and purpose of this ordinance.
All territory which may hereafter be annexed to the City
of Wichita Falls shall automatically be classed as lying and being
in District "A" until such classification shall have been changed
by an amendment to the Zoning Ordinance, as provided by law.
Whenever any street or alley is vacated, the particular
district in, which'the adjacent property lies shall automatically
be extended to the center line of any such street or alley.
Section 3. BOARD OF ADJUS`I`I ENI T. A Board of Adjustment
is hereby established in accordance with the provisions of the
Texas statutes regarding the Zoning of Cities. The word "Board"
when used in this ordinance shall be construed to mean the Board
of Adjustment.
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The Board shall consist of five (5) members appointed
by the City Council for a term of two years, one of whom may be
a member of the City Planning and Zoning Commission, provided
the appointment of any member of the City Planning and Zoning Com-
mission shall be for his term of office as such only. Any vacancy
shall be filled for the unexpired term. The Board shall elect
its own chairman, who shall serve for a period of one year or un-
til his successor is elected. The Board memberohall be removable
for cause, upon written charges and after public
// hearing.
Section 4. Drr'INITIONS. For the purpose of this Ordi-
nance, the following words and terms as used herein are defined
to mean the following:
Words used in the present tense include the future;
words in the singular number include the plural; and words in
the plural number include the singular; the word "building"
includes the word "structure"; the word "shall" or the word
"must" is mandatory and not directory; the word "lot" includes
the word "plot"; the term "used .for" includes the meaning "de-
signed for" or "intended for".
1. ACCESSORY BUILDIING OR USE: A subordinate building,
or a portion of the main building having a use customarily inci-
dent to and located on the lot occupied by the main building;
or a use customarily incident to the main use of the property.
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2. ALLEY: A public way which affords only a secondary
means of access to abutting property.
3. APARh TENT: A room or a suite of rooms within an
apartment house arranged, intended, or designed for a place of
residence of a single family or g"oup of individuals living to-
gether as a single housekeeping unit.
4. APARIFUENT DOUSE.: A building arranged, intended, or
designed for more than two families.
5. APAR'I`Iv +i T HOTEL: An apartment house which furnishes
for the use of its tenants services ordinarily furnished by hotels,
but the privileges of which are not primarily available to the
public.
6. BASZ-',V NT: A story below the first story as here-
after defined.
7. BLOCK: A piece or parcel of land entirely surround-
ed by public highways or streets, other than alleys. In cases
where the platting is incomplete or disconnected, the City Engineer
shall determine the outline of the block.
8. BOARDING HOUSE OR LODGING HOUSE: A building other
than a hotel, occupied as a single housekeeping unit, where lodg-
ing or meals are provided for five or more persons for compensa-
tion, pursuant to previous arrangements, but not for the public
or transients.
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9. CURB LEVEL: The mean level of the curb in front of
the lot, or in case of a corner lot, along that abutting street where
the mean curb level is the highest.
� F
10. ff,iE NG: A building or portion thereof, designed ex-
clusively for residential occupancy, including one family, two -family,
and multiple dt,lellings, boarding and lodging houses, apartment houses
and apartment hotels, but not hotels.
11. D FLLLIITG, 01TE-F!c,?ILY: A detached building arranged,
intended, or designed for occupancy by one family.
12. DWELLING, Td',dO-FA:.ILY: A building arranged, intended,
or designed for occupancy by two families.
13. YELLING, MULTIPLE: A building or portion thereof,
arranged, intended, or designed for occupancy by three or more fami-
Ak
lies, including apartment houses, row houses, tenements and apartment
hotels.
14. FAMILY: Any number of individuals livin.- together as
a single housekeeping unit, as distinguished from a group occupying
a boarding house, lodging house or hotel as defined herein.
15. GARAGE, COLUM UNITY: A building or portion thereof,
other than a public, private, or storage garage providing storage
for motor vehicles with facilities for washing, but no other ser-
vices, such garage to be in lieu of private garages within a block
or portion of block.
16. GARAGE, PRIVATE: An accessory building for storage
only of motor vehicles.
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17. GAx'3AGE, PUBLIC: A building or portion thereof, de-
signed or used for the storage, sale, hiring, care or repair of motor
vehicles, which is operated for corm rcial purposes.
18. GARAGE, STORAGE: A building or portion thereof, except
those defined as a private, a public, or a community garage provid-
ing storage for motor vehicles, with facilities for washing but no
other services.
19. HEIGHT OF BUILDINGS: The vertical distance measured
from the highest of the following three levels :
a. From the street curb level;
b. from the established or mean street grade in case
the curb has not been constructed;
c. From the average finished ground level adjoining
the building if it sets back from the street line;
to the level of the highest point of the roof beams of flat roofs
or roofs inclining not more than one inch to the foot, and to the
mean height level of the top of the main plate and highest ridge
for other roofs.
20. HEIGHT OF YARD OR COURT: The vertical distance
from the lowest level of such yard or court to the highest point
of any boundary wall.
21. HOTEL: A building occupied or used as a more or less
temporary abiding place of individuals or groups of individuals who
are lodged, with or without meals, and in which there are more than
twelve sleeping rooms, and no provision for cooking in individual
rooms.
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22. W T: A parcel of land occupied or to be occupied by
one building, or unit group of buildings, and the accessory buildings
or uses customarily incident thereto, including such open spaces as
are required under this ordinance, and having its principal frontage
upon a public street or place.
23. LOT, CORNER: A lot abutting upon two or more streets
at their intersection. A corner lot shall be deemed to front on
that street on which it has its least dimension, unless otherwise
specified by the City Engineer.
24. IDT, IKITERIOR: A lot whose side lines do not abut
upon any street.
25. WT, I�UGH: An interior lot having frontages on
two streets.
26. It}T LINES: The lines bounding a lot as defined herein.
27. 10T DEPTH: The mean horizontal distance from the front
street line to the rear line.
28. IAT WIDTH: The mean horizontal distance between side
lines measured at right angles to the depth.
29. NON-CONF'ORMING USE, .BUILDING OR YARD: A use, building
or yard existing legally at the time of the passage of this ordinance
which does not, by reason of design or use, conform to the regulations
of the district in which it is situated.
30. PLACE: An open, unoccupied space other than a street
or alley permanently established or dedicated as the principal means
of access to property abutting thereon.
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31. R_&AR LINE: The boundary line which is opposite and
most distant from the front street line; except that in the case
of uncertainty the City Engineer shall determine the rear line.
32. SIDE LINE: Any lot boundary line not a front or
rear line thereof. A side line may be a party lot line, a line
bordering on an alley or place or a side street line.
33. STABLE, PRIVATE: An accessory building for the keep-
ing of horses or mules owned by occupants of the premises, and not
kept for remuneration, hire or sale.
34. ST13LE, PUBLIC: A stable other than a private or rid-
ing stable as defined herein.
35. STABLE, RIDING: A structure in which horses or mules
used exclusively for pleasure riding or driving are housed, boarded,
or kept for hire; including riding track.
36. STORY: That part of a building included between the
surface of one floor and the surface of the floor next above, or if
there be no floor above, that part of the building which is above
the surface of the highest floor thereof. A top story attic is a
half story when the main line of the eaves is not above the middle
of the interior height of such story. The first story is the high-
est story having its interior floor surface not more than four feet
above the curb level, established or mean street grade, or average
ground level, as mentioned in paragraph 19 of this section.
37. STREET: A public thoroughfare which affords principal
means of access to property abutting thereon.
38. STREET LINE: The dividing line between the street and
the abutting property.
39. STRUCTURE: Anything constructed or erected, which re-
quires location on the ground, or attached to something having a lo-
cation on the ground; including, but not limited to, advertising
signs, billboards, and poster panels, but exclusive of customary fences
or boundary or retaining walls.
40. STRUCTUF.AL ALTERATIONS: Any change in the supporting
members of a building, such as bearing walls, columns, beams or girders.
41. TOURIST CABIN OR r2RAILER CAMPS: A tract or parcel of
lend upon which two or more tourist cabins are located, or where tem-
porary accommodations are provided for two or more automobile trail-
ers, tents or house cars, open to the public either free or for a fee.
42. YARD: An open space at grade between a building and
the adjoining lot lines, unoccupied and unobstructed by any portion
of a structure from the ground upward, except as oth rwise Ir ovided.
In measuring a yard for the purpose of determining the width of a
side yard, the depth of a front yard or the depth of a rear yard, the
least horizontal distance between the lot line and the main building
shall be used.
43. YARD, FRONT: A yard across the full width of the lot
extending from the front line of the main building to the front street
line of the lot.
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44. YARD, REAR: A yard between the rear lot line and the
rear line of the main building and the side lot lines.
45. YARD, SIDE: A yard between the main building and the
adjacent side line of the lot, and extending entirely from the front
yard to the rear yard thereof.
Section 5, REQUIREMENTS WI ST BE OBSEWED. - Except as here-
inafter provided:
1. No buildings or structures shall be erected, constructed,
reconstructed or structurally altered, nor shall any building, struc-
ture or land be used for any purpose other than is permitted in the
district in which such building, structure or land is situated.
2. No building or structure shall be erected, constructed,
extended, enlarged, reconstructed or structurally altered to exceed
the height or area limit herein established for the district in which
such building or structure is situated.
3. No lot area shall be reduced or diminished so that the
yards or other open spaces shall be smaller than prescribed by this
ordinance, nor shall the density of population be increased in any
manner, except in conformity with the area regulations established
herein.
Section 6. DISTt•tICT "A" (First Dwelling House District) .
USE REGULATIONS.
In District "A" no building, structure, land or premises
shall be used, and no building or structure shall be hereafter erect-
ed, constructed, reconstructed or altered except for one or more of
the following uses:
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A
1. atijellings, one family
2. Churches and community buildings
3. Public parks and playgrounds, golf courses, (except
miniature golf courses, driving ranges and other
similar activities operated as a business) , public
recreation buildings and public museums
4. Public schools, elementary and high, and private
schools with curriculum equivalent to that of a public
elementary or high school, and institutions of higher
learning, including stadiums and dormitories in con-
junction, if located on the campus
5. Public administrative. buildings, public libraries,
police stations and fire stations
6. Railroad passenger stations and railroad right of
ways, not including railroad yards
7. Agriculture, nurseries, and truck gardens limited to
the propagation and cultivation of plants; provided
no retail or wholesale business shall be conducted
upon the premises, and provided that no obnoxious fer-
tilizer is stored upon the premises, and no obnoxious
soil or fertilizer renovation is conducted thereon
8. Telephone exchanges and equipment
9. Accessory uses, customarily incident to the above uses
and located on the same lot therewith, not involving
the conduct of a business or industry
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(a) The term accessory use shall incline customary
home occupations, such as the office of physi-
cian, dentist, surgeon, dressmaker, musician, or
artist, under the following restrictions:
(1) That such uses are located in the dwelling
used by a person as his or her private resi-
dence
(2) That no assistant other than a member of the
family household is employed, and no window
display or sign, either illuminated or more
than one square foot in area is used to ad-
vertise the same
(3) That no power other tijan electric and of not
more than one horse power is used.
(b) A billboard, signboard, or advertising sign shall
not be permitted as an accessory use, except that
the placing of an unilluminated "For Sale" or
"For Rent" sign not more than eight (8) square feet
in area may be permitted as an accessory use, and
except that churches and other institutions may
display signs showing names, activities and ser-
vices therein. provided, and that during construction
of a building one unilluminated sign advertising
contractors or architects for such buildings shall
be permitted, providing such sign shall not be more
than eight (8) square feet in area, and shall be
set back of the established or customary building
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line, and such sign shall be removed immediately
upon completion of the building.
(c) There shall be permitted one private garage with
space for not more than one motor vehicle for each
two thousand (2,000) square feet of lot area, one
private stable for not more than one horse or mule
for each five thousand (5,000) square feet of lot
area, or servants quarters, provided that such garage,
stable or servants quarters shall be located not less
than sixty (60) feet from the front lot line, nor
less than three (3) feet from any side lot line, and
in the case of corner lots not less than the dis-
tance required for residences from side streets;
and further provided that such servants quarters
shall be occupied only by servants employed on the
premises. A garage may be constructed across a
common lot line by mutual agreement between property
owners. A garage or servants quarters constructed
as an integral part of the main building shall be
subject to the regulations affecting the main build-
ing.
(d) Community garages may be permitted by the Board of
Adjustment. Such community garage may provide fa-
cilities for washing cars, and access thereto, if
from the street, shall be by not more than one
driveway. Such garages shall be so located as to
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be distant at least six (6) feet from any party
lot line and shall be set back from any front or
side street line a distance at least ten (10) feet
greater than would be required for a residence
building in the same location, and shall not be
over one story or sixteen feet high. No commercial
vehicle shall be housed in any such corraunity garage.
(e) Temporary real estate sales office, located on prop-
erty being sold, and limited to period of sale, but
not exceeding two years without special permit from
the Board.
(f) There shall be permitted as an accessory use a news
or refreshment stand or restaurant in connection
with a railroad passenger station; also recreation
and service buildings in a public park or playground.
SIGHT A11M AREA REGUTATICNS.
In District "All the height of buildings, the minimum dimensions
of yards, and the minimum lot area per family permitted on any lot, shall
be as follows:
Height: No building shall exceed thirty-five (35) feet or two
and one half stories.
Front Yards: Any building hereafter constructed shall provide
for a front yard, the minimum depth of which shall be at least twenty-
five (25) percent of the depth of the lot, but the depth of such front
yard need not be more than twenty-five (25) feet.
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Side Yards: There shall be a side yard on each s ide of a building
not less than ten (10) percent of the width of the lot. Such side yard shall
not be less than three (3) feet, and need not be more than five (5) feet.
Buildings on corner lots, w here interior lots have been platted or
sold, fronting on the side street, may project not more than ten (10) feet
in front of the line established for buildings by the front yard requirements
for the interior lots on the side street, provided this regulation shall not
be so interpreted as to reduce the buildable width of a corner lot in separate
ownership at the time of the passage of this ordinance, to less than twenty-
" eight (28) feet, and provided that the side yard regulations above shall be
observed.
Rear Yards: The depth of the rear yard shall be at least thirty
(30) percent of the depth of the lot, but such depth need not be .more than
thirty (30) feet.
vVidth of Lot: The minimum width of a lot shall be fifty (50) feet,
provided that where a lot has less width than herein required in separate
ownership at the time of the passage of this ordinance, this regulation will
not prohibit the erection of a one family dwelling.
Lot Area per Family: Every dwelling hereafter erected or altered
shall provide a lot area of not less than six thousand (6,000) square feet
per family, provided that where a lot has less area than herein required in
separate ownerships at the time of the passage of this ordinance, this regu-
lation shall not prohibit the erection of a one family dwelling.
• Section 7. DISTRICT "B". (Second Dwelling Rouse District) .
USE REGULLMON S.
In District "B" no building, structure, land or premises shall be
used, and no building or structure shall be hereafter erected, constructed,
reconstructed or altered except for one or more of the following uses:
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1. Any use permitted in District "A".
100" 2. Two Family dwellings.
3. Accessory uses as provided in District "A", except that in
District "B" a private garage may provide space for not more than one motor
vehicle for each fifteen hundred (1500) square feet of lot area.
HEIGHT AND AREA REGULkTIONS.
In District "B" the height of buildings, the minimum dimensions
of yards and the minimum lot area per family permitted upon any lot shall
be as follows:
Height: Same as District "A"
Front Yards: Same as District "A"
Side Yards: Same as District "A", including regulations for cor-
ner lots adjacent to reversed frontage
Rear Yards: Same as District "A"
Lot Area ner Family: Every dwelling hereafter erected or altered
shall provide a lot area of not less than six thousand (6,000) square feet
per family for one family dwellings, or three thousand (3,000) square, feet
per family for two family dwellings, provided that where a lot has less
area than herein provided, in separate ownership, at the tirae of the pas-
sage of this ordinance, this regulation shall not prohibit the erection
of a one family dwelling.
Width of Lot: Same as District "A"
Section 8. DISTRICT "C". (Apartment Douse District) .
USE REGUIATIOIJS.
In District "C" no building, structure, land or premises shall be
used, and no building or structure shall be hereafter erected, constructed,
' reconstructed, or altered, except for one or more of the following uses:
_17..
1. Any use permitted in District "B"
2. Apartment houses, flats, or multiple dwellings
3. Boarding and lodging houses
4. Fraternity or sorority houses and dormitories
5. Hotels or Apartment Hotels
6. Hospitals, clinics, sanitariums or homes for convalescents
or aged, other than for the insane or feeble minded
7. Private clubs or fraternal orders
8. Philanthropic or eleemosynary institutions, other than penal
institutions
9. Accessory uses customarily incident to any of the above uses,
and located on the same lot, not involving the conduct of a
retail business:
. (a) There shall be permitted such facilities as are required
for the operation of a hotel or apartment hotel, when
conducted and entered from within the building, provided
no window or other display or sign on the exterior of the
building is used to advertise such use.
(b) In this district a private garage, accessory to a one or
two family dwelling, may provide space for not more than
one motor vehicle for each fifteen hundred (1500) square
feet of lot area; and a storage garage may be permitted
as an accessory use to an apartment house, apartment
hotel, hotel or club. No business occupation or service
connected with motor vehicles, except washing, shall be
permitted. The same provision regarding coanraunity
garages applies in this district as in District"A".
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HEIGHT AND AREA. REGULATIONS.
lw• In District "C" the height of buildings, the minimum di,;aensions
of yards and the minimum lot area per family permitted upon any lot shall
be as follows:
Height: No building shall exceed forty-five (45) feet or three
(3) stories.
Front Yards: Any building hereafter constructed shall provide
for a front yard the minimum depth of which shall be at least twenty (20)
percent of the depth of the lot, but the depth of such front yard need not
be more than twenty (20) feet.
Side Yards: Same as District "A", including regulations for cor-
ner lots adjacent to reversed frontage, provided the width shall be increased
one inch for each foot of height of building above thirty-five (35) feet.
Hear Yards: The depth of the rear yard shall be at least twenty-
five (25) percent of the depth of the lot, but such depth need not be more
than twenty-five (25) feet.
'w idth of Lot: Same as District IW'.
Lot Area per Family: Every building or portion of a building
hereafter erected or altered shall Drovide a lot area of not less than one
thousand (1,000) square feet per family.
Section 9. DISTRICT "D". (Local Business District) .
USE 1ZyG7I.ATIONTS.
In District "D" no building, structure, land or premises shall
be used, and no building or structure shall be hereafter erected, con-
structed, reconstructed, or altered, except for one or more of the follow-
ing uses:
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1. Any use permitted in Districts "A", "B" or "C"
2. Assembly Halls
3. Automobile parking lots
4. Automobile or trailer sales rooms or yards, other than prem-
ises where used vehicles are dismantled or used parts sold
5. Bakeries employing not more than five persons on the premises
6. Banks
7. Barber and Beauty Shops
8. Battery stations
9. Bicycle repairs hops
10. Cleaning, pressing and dyeing establishments, employing not
more than five persons on the premises, x ovided that only
non-explosive cleaning fluids shall be used
11. Electric Substations
12. Filling stations, provided all storage tanks for gasoline
shall be below the surface of the ground
13. Frozen food lockers for nndiv.idda.1 or family use
14. Garages (Public) , except that in public garages no repair fa-
cilities or activities shall be maintained outside of the build-
ing or in the front portion of the first story of the building
within thirty (30) feet of the front of the building and no
body or fender repairs shall be conducted on any premises ad-
jacent at the side or rear to a District "A", "B" or licit
15. Garages (Storage)
16. Greenhouses (commercial)
17. Ice delivery stations for storage and sale of ice at retail
only
18. Laundries employing not more than five persons on the premises
-20-
19. Lodge Halls
20. Miniature golf courses
21. Mortuaries
22. Offices
23. Photographic printing shops
24. Printing shops, provided the total mechanical power used in
the operation of such printing plant shall not exceed five
horse power
25. Radio and television shops or studios
26. Restaurants, cafes or cafeterias (excluding dancing, enter-
tainment or provision for sale or consumption of liquor)
27. Schools operated as a business
23. Shoe repair shops
29. Shops for custom work, or the manufacture of articles to be
sold at retail only on the premises, provided that in such
manufacture the total mechanical power shall not exceed five
horse power for the operation of any one shop, and provided
that the space occupied by the manufacturing use permitted
herein shall not exceed fifty (50) percent of the total floor
area of the entire building or the equivalent of the ground
floor area thereof, and provided further that such manufac-
turing use is not noxious or offensive by reason of vibration,
noise, odor, dust, smoke or gas
30. Signs (advertising) when the same advertise only services,
articles or products which are offered within the building,
to which the sign is attached, or on the premises on which
the sign is located
�,rr
-21-
31. Stores, shops and markets for retail trade
32. Studios
33. Theatres or picture shows
34. Tire shops
35. Accessory uses customarily incident to any of the above
uses, including ice and refrigerating plants purely inci-
dental to a main activity permitted on the premises, and
when operated by electricity.
HEIGHT AND AR17A REGUi TIONS.
In District "D" the height of the buildings, the minimum dimen-
sions of yards and the minimum lot area per family permitted on any lot
¢r¢cfi¢cl
shall be as follows; provided that buildings ==zd exclusively for dwell-
ing purposes shall comply with the front, side and rear yard requirements
of District "C".
Height: No building shall exceed thirty-five (35) feet, or two
and one half stories, except that �shere a District "D" joins a District
"C" within the same block, the height may be increased to forty-five
(45) feet or three stories within that block.
Front Yards: The front yard shall be at least fifteen (15)
feet, except that it need be of no greater depth than the least depth es-
tablished by existing buildings in a District "D" within the same block,
and except that where a portion of a District "D" lies within the same
block and fronts upon the same street with a portion of a District "A", "B",
or "C" and no lot within said District "D" is occupied by a building with
a front yard of less depth than that required in that portion of a Dis-
trict "A", "B", or "C" adjoining, then in such case the front yard re-
-22-
quirements of such adjoining Districts "A", "B", or "C", shall likewise be
AW applicable to such portion of District "D".
Side Yards: No side yard is recuired except that vJhere a side
line of a lot in this district abuts upon the side line of a lot in a Dis-
trict "A", "B" or "C", a side yard shall be provided as required in such
District "A", "B" or "C".
Rear Yards: The depth of the rear yard shall be at least twenty
• (20) percent of the depth of the lot, but such depth need not be more than
twenty (20) feet, except that on a corner lot no rear yard is required within
fifty (50) feet of a side street, unless the rear line adjoins a District
or "C".
Width of Lot: The minimum vaidth of a lot shall be fifty (50) feet,
if used exclusively for one family, two family, or multiple family dwellings,
except as provided in District "A". For other uses the width may be less.
Lot Area per Family: Every building or portion of a building here-
after erected, altered or used for dwelling purposes, shall provide a lot
area of not less than one thousand (1,000) square feet Der family.
Section 10. DISTRICT "E". (Ganeral Business District) .
USE REGU ATIONS.
In District "Ell no building, structure, land or premises shall be
used, and no building or structure shall be hereafter erected, constructed,
reconstructed or altered, except for one or more of the following uses, ex-
cept that Filling Stations or Automobile Parking lots shall not be permitted
in a district designated as the "Central Area" and described as follows:
-23
Beginning at a point in the alley between Ohio Avenue and
Indiana Avenue, one hundred (100) feet northwest from the northerly
line of Seventh Street; thence in a southerly direction along the
center line of said alley to the center line of Tenth Street; thence
in a westerly direction along the center line of Tenth Street to the
alley between Lamar Avenue and Travis Street; thence in a northerly
direction on the center line of said alley to the center line of
Seventh Street; thence in an easterly direction along the center
line cf Seventh Street to the center line of Lamar Street; thence
in a northerly direction along the center line of Lamar Street to a
point one hundred (100) feet northwest of the north property line of
Seventh Street; thence in an easterly direction on a line one
hundred (100) feet from and parallel to the north line cf Seventh
Street, to point of beginning.
1. Any use permitted in District "D"
2. Armories
3. Beer Gardens, Bowling Alleys, Dance Halls, Shooting
Galleries, Skating Rinks, and similar commercial recrea-
tion buildings or activities; provided, however, that
the same shall be not less than two hundred (200) feet
from any existing clinic, hospital, school or church;
and shall not be less than two hundred (200) feet from
a District "A" to "C" inclusive, unless approved by the
-24-
%W Board of Adjustment under such restrictions as seem appro-
priate after consideration of noise and other detrimental
factors incident to such use
4. Billboards and Advertising Signs, where permitted by ordi-
nance
5. Billiard Halls
6. Bus Stations
7. Dog and Cat hospitals
8. Gymnasiums (co.ziiercial)
9. Newspaper publishing plants
10. Radio and television broadcasting stations, except towers
11. Restaurants, cafes, cafeterias, taverns and night clubs
12. Storage in bulk of, or warehouse for, such materials as:
Clothing, drugs, dry goods, food, furniture, glass, groceries,
hardware, household goods, liquor, lubricating oil, millin-
ery, paints, paint materials, pipe, rubber, shop supplies,
tobacco, turpentine, varnish, and wines, when incidental to
sale at retail on the premises
13. Swimming pools (commercial)
14. 7holesale sales offices and sample rooms
15. Any retail business or use not included in Districts "F" and
"G", provided that such use is not noxious or offensive by
reason of vibration, noise, odor, dust, smoke or gas
16. Accessory uses customarily incident to any of the above uses.
-25-
EIGHT AND AR:E!;E1 REGULATIVE.
In District "E" the height of buildings, the minimum dimensions
of yards and the minimum lot area per family permitted upon any lot shall
. be as follor s, provided that buildings erected for duelling purposes ex-
clusively, shall comply with the front, side and rear yard requirements of
District "C".
Height: No building shall exceed seventy-five (75) feet or six
stories, except that in the "Central Area", as defined above, a height of
one hundred fifty (150) feet, or twelve (12) stories, will be permitted.
Front Yards: No front yard is required, except that where a
portion of a District "E" lies within the same block and fronts upon the
l�
same street with a portion of a District ttAi9 tTBtT tt G4t, or ft Dit, and no
lot within said District "E" is occupied by a building with a front yard
of less depth than required in that portion of a District "0, "B", "C",
or "D" adjoining, then in such case the front yard requirements of such
adjoining District "A", 'tB", "C", or "D", shall likewise be applicable to
such portion of District
Side Yards: Same as District
Rear Yards: No rear yard is required.
Width of Lot: Same as District 'tD"•
Lot Area per Family: Every building or portion of a building
hereafter erected, altered or used for dwelling purposes shall provide a
lot area of not less than five hundred (500) square feet per family.
-26-
section 11. DISTRICT "F". (Light Industrial District) .
USE REGULATIONS.
In District ''F" no building, structure, land or premises
shall be used, and no building or structure shall be hereafter
erected, constructed, reconstructed, or altered, except for one
or more of the following uses:
1. Any use permitted in District "E"
2. Automobile wrecking yards, if enclosed within a solid
fence or wall at least six (6) feet high
3. Bakeries
4. Blacksmith or wagon shops
5. Bottling works
6. Bus barns
7. Canning or preserving factories
S. Carpenter, cabinet, or pattern shops, provided that
no mechanical power in excess of ten (10) h.p. is
used in the operation of any one machine
9. Carpet cleaning establishments
10. Chemical laboratories
11. Cleaning, pressing and dyeing plants
12. Cold storage plants
13. Creameries
14. Electro-plating works
15. Flour mills, feed mills and grain processing
16. Forges (hand)
17. Freight terminals (rail, truck, or water)
18. Galvanizing, works
19. Garsaes (nubli.c)
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20. Grain elevators
21. Ice Plants
22. Laundries
23. Lumber yards
24. Machine shops, provided that no mechanical power in
excess of 10 h. p. is used in the operation of any
one machine
25. Manufacture of products such as: Artificial flowers,
feathers, plumes; awnings; bags; blacking; small
boats; bone products; brooms and brushes; buttons
and novelties; candy; canvas products; cement pro-
ducts; chemicals (non-offensive) ; cigars; clean-
ing or polishing preparations; clothing; coffee
(roasting) ; cosmetics; cotton seed, peanut or
similar -products; drugs or medicines; electrical
signs; extracts; food products; fruit juices;
gas or electric fixtures; ice cream; leather
products; light metal products; musical instru-
ments; paper products; sausage; shell products;
shoes and boots; syrup; trra Gotta
or tile handcraft products; textiles; toys;
wooden ware
26. Milk bottling or distribution plants
27. Monument or marble works
28. Moving, transfer or storage plants
29. Photo engraving plants
_28-
30. Planing; mills, provided that no mechanical power in excess of
low 10 h.p. is used in the operation of any one machine
31. Pluabing and sheet metal shops (allowing punching; of material of
1/8" or less in thickness)
32. Poultry killing or dressing for commercial purposes
33. Printing plants
34. Produce markets (wholesale)
35. Railroad freight yards
36. Sales rooms and yards for farm machinery, contractors' equipment ,
and oil well supplies
37. Sign painting plants
38. Stables (public) or wagon sheds
39. Stone cutting plants
40. Storage in bulk of, or vaarehouse for, materials enumerated in
item 12, •Section 10 of use regulations for. District "L", and
such materials as: Asphalt; brick; building material; cement;
coal; contractor's equipment; cotton; feed; fertilizer;
grain; gravel; grease; hay; ice; lead; lime; machinery;
metals; oil; plaster; poultry; roofing; rope; sand;
stone; tar; tarred or creosoted products; terra cotta;
timber; wood; wool
41. Tracks (team, loading; or storage)
42. Veterinary hospitals
43. 1:anuf act ure of any similar character to that herein listed,
other than specified in District "G", or any buildin or use
not included within District "G", provided such use is not nox-
ious or offensive by reason of vibration, noise, odor, dust,
smoke or gas
.........._.. ... ..
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44. Accessory uses customarily incident to any of the above uses.
HEIGHT LED AREA REGULATIONS
In District "F" the height of buildings, minimum dimensions of
yards and the minimum lot area per family permitted upon any lot, shall
be as follows, provided that buildings erected for dwelling purposes ex-
clusively shall comply with the front, side and rear yard requirements of
District
Height: No building shall exceed fifty-five (55) feet or four
(4) stories.
Front Yards: No front yard is required, except that where a
portion of District "F" lies within the same block and fronts upon the
same street with a portion of a District "A", "B", "C" and "D", and no
lot within said District "F"Fis occupied by a building with a front yard
of less depth than required in that portion of a District "A", "B", "C" or
"D" adjoining, then in such case the front yard requirements of such ad-
joining District "A", "B", "C" or "D" shall likewise be applicable to such
portion of District "F".
Side Yards: Same as District "D".
Rear Yards: The depth of a rear yard shall be at lust ten (10)
feet, except that in a corner lot no rear yard is required within fifty (50)
feet of a side street, unless the rear line adjoins a District t'A", "Btf or f1C"•
Width of Lot: Same as District "D".
Lot Area .oer Family: Same as District "y".
-30-
Section 12. DISTRICT "G". (Heavy Industrial District) .
USE RECRJLATIOI S
In District "G" no building, structure, land or premises
shall be used, and no building or structure shall be hereafter erected,
constructed, reconstructed or altered except for one or more of the
following uses:
1. .Any use permitted in District "F"
2. Ammonia, bleaching powder, chemical plants
3. Assaying works (other than gold or silver)
4. Auto wrecking yard
5. Blooming or rolling mills
6. Breweries or distilleries
7. Cider mills
8. Coal car dumps
9. Coal distillation and bi-products plants
10. Coal hoists, pockets or trestles
11. Coke ovens
12. Concrete or asphalt mixing plants
13. Cooperage works
14. Cotton ginning or baling works
15. Dog Pounds
16. Enameling works
17. Electric power plants
18. Forges (power)
19. Foundries (iron, brass, bronze, aluminum)
20. Hides and skins (storage, curing or tanning)
21. Japanning works
22. Tunk yards, including storage, sorting, baling or pro-
' -31-
cessing of rags, paper or metal
23. Lumber mills
24. Machine shops
25. Manufacturing of such products as: Adding machines,
cash registers, typewriters; alcohol; asphalt;
basket material; boilers; boxes; bronze; cans;
carbon battery, electric lamps; carbon or lamp black;
carriage or wagon parts; celluloid or similar mater-
ials; clay, shale, and glass products; creosote;
cutlery or tools; disinfectant, insecticides; dyes;
electrical machinery; furniture; gas (from coal or
pet-roleum) ; glass; iron and steel; locomotives;
motor cars, bicycles, airplanes; nuts, bolts, screws,
etc. ; oil cloth, linoleum; paint, Japan, lacquer,
oil, -turpentine, varnish, enamel, etc. ; railway cars;
rubber, synthetic rubber, rubber products; shoddy;
soap; starch, glucose, dextrin; tar products;
tobacco (chewing) ; tools; vinegar; wine
26. Meat or fish packing or storage plants
27. ,Metal stamping, shearing, punching works, etc.
28. Oil compounding and barreling plants
29. Planing mills
30. Railroad round houses or shops
31. Salt works
32. Steel furnaces
-32-
33. Structural iron or pipe viorks
34. Sugar refineries
35. Tar distillation or manufacture
36. Wire or rod mills
37. Wood distillation plants (charcoal, tar, turpentine, etc.)
38. Wool scouring works
39. Any other uses not now or hereafter prohibited by ordi-
nance of the city of Wichita Falls, Texas regulating
nuisances, except that the following uses will be per-
mitted only by approval of the City Council after report
from the Fire Department, Health Department and City
Planning Commission:
Acid manufacture
Cement, lime, gypsum or plaster of paris manufacture
Distillation of bones
H'xplosive manufacture or storage
Fertilizer manufacture
Gas manufacture
Garbage, offal or dead animal reduction or dumping
Paper or pulp manufacture
Petroleum or its products, (refining of)
Smelting of tin, copper, zinc or iron ores
Wholesale storage of gasoline
40. Accessory uses customarily incident to any of the above
uses.
-33-
NEIGHi AND AREA R GUTATIO vS
In District "G" the height of buildings, the minimum dimen-
sions of yards and the minimum lot area her family permitted upon any
lot shall be as follows, provided, however, that buildings erected
for dwelling purposes exclusively, shall comply with the front, side,
and rear yard requirements of District
Height: No building shall exceed seventy-.five (75) feet or
six stories
Front Yards: No front yard is required, except that where
a portion of District "G" lies within the same block and fronts upon
the same street with a portion of a District "A", "B", "C" and "D",
and no lot within said District "G" is occupied by a building with a
front yard of less depth than required in that portion of a District
"A", "B", "C" or "D" adjoining, then in such case the front yard re-
quirements of such adjoining District "A", "B", "C" or "D" shall
likewise be applicable to such portion of District "G".
Side Yards: Same as District "D".
Rear Yards: Same as District "F".
Lot Area aer Family: Same as District "E".
Section 13. SPECIAL CLASSES.
Any of the following uses may be located in any district
by special permission of the Board, under such conditions as the
Board may impose, and after public hearing, provided that in their
judgment such use will not seriously injure the appropriate use of
neighboring property, and will conform to the general intent and
purpose of this ordinance; and shall comply with the height and
area regulations of the district in which they may be located:
-34-
1. Amusement parks, co:,;nnercial baseball or athletic fields,
race tracks, circuses, carnivals, or fairgrounds
2. Aviation fields or airports
3. Cemeteries, mausoleums, or crematories for the disposal
of the human dead
4. Golf driving ranges, commercial or illuminated
5. Gun clubs, skeet shoots or target ranges
6. Hospitals for the insane or feeble minded, or penal
or correctional institutions
7. ';uarries, mines, sand or gravel pits or excavations
for the purpose of removiAg, screening, crushing,
washing or storage of ore, clay, stone, gravel or
similar materials, provided, however, that no permit
shall be issued until and unless the site location
and plan of operation, including necessary structures,
has been submitted to and approved in writin- by the
Board, which permit shall be for a limited period of
time not to exceed five (5) years
8. Radio Towers under such safeguards as the Board may re-
quire
9. Refuse dumps
10. Reservoirs, wells, towers, filter beds, or water supply
plants
11. Riding stables and tracks
12. Sewage, refuse or garbage disposal plants
13. Tourist cabin or trailer camps
-35-
14. Buildings or the use of premises for public utility
purposes or public service corporations, which build-
ings or uses the Board deems reasonably necessary for
public convenience or welfare
Section 14. ACCESSORY USES. A driveway or walk to pro-
vide access to premises in a District "D", " ", "F" or "G"" shall not
be permitted in a District "A", "B" or "L"•
Buildings or structures or uses which are accessory to
the use permitted in one district shall not be permitted in a dis-
trict of a higher classification.
Section 15. NON-COiMPKING USES. A non-corf orming use
existing lawfully at the time of the passage of this ordinance may
be continued except as hereinafter provided. No non-conforming use
of land shall be continued beyond the term ending one year from the
time of the adoption of this ordinance unless such land be wholly
or partially occupied by a permanent enclosed building, designed
and constructed for a non-conforming use. In a District '"A'" or a
District "B" no non-conforming use of a building, designed and con-
structed for a conforming use, shall be continued beyond a terra
ending one year from the time of the adoption of this ordinance,
except by authorization of the Board of Adjustment.
The lawful use of a building existing at the time of the
passage of this ordinance may be continued, although such use does
not conform with the provisions hereof, and such use may be ex-
out
tended through such portions of the building as are arranged or de-
signed for such use, provided no structural alterations, except
-36-
those required by law or ordinance, are made therein. If no struc-
tural alterations are made, a non-conforming use of a building may
be changed to another non-conforming use of the same or more re-
stricted classification. If such non-conforming building is re-
moved, the future use of such premises shall be in conformity with
the prOvisions of this ordinance. In the event a non-conforming
use of any building is discontinued for a period of" two (2) years,
the use of the same shall thereafter conform to the provisions of
the district in which it is located.
A non-conforming use if changed to a conforming use or more
restricted, non-conforming use, may not thereafter be changed back
to a less restricted use than that to which it was changed. If by
amendment to this ordinance any property is hereafter transferred
to a more restricted district by a change in the district boundar-
ies, or the regulations and restrictions in any district are made
more restrictive or of a higher classification, the provisions of
this ordinance relating to the non-conforming use of buildings or
premises existing at the time of the passage of this ordinance,
shall apply to buildings or premises occupied or used at the time
of the passage of such amendment.
Repairs and alterations may be rude to a non-conforming
building, provided that no structural alterations or extensions
shall be made except those required by law or ordinance; unless
the building is changed to a conforming use.
All signs and billboards not conforming with this ordi-
nance shall be removed within a period of one (1) year from the
effective date of this ordinance, except that non-conforming signs
specifically describing the business or nature of a non-conforming
building, structure or use on the same -;:remises may be maintained
during the lawful lifetime of such building, structure, or use.
Section 16. COM1 IZTIODT 41,D PESTORATION OF MCISTING BUIID-
ING. 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 City Engineer at the time of the passage of this ordinance
and the construction of which in either case shall have been dili-
gently prosecuted within one year of the date of such permit, and
the ground story framework of which, including the second tier of
beams, shall have been completed within such year 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.
Nothing in this ordinance shall be taken to prevent the
restoration of a non-conforming building destroyed to the extent of
not more than seventy-five (75) percent of its reasonable value,
(to be determined by the Board of Adjustment) by fire, explosion or
other casualty, or act of God, or the public enemy, nor the contin-
ued occupancy or use of such building or part thereof which existed
at the time of such partial destruction, but any building so damaged
more than seventy-five (75) percent of its value may not be rebuilt,
repaired or used unless it is made to conform to all regulations for
buildings in the district in which it is located.
-vtJ-
The provisions of this ordinance shall not apply to pre-
vent the extension of any building, existing in any district at the
time of the adoption of this ordinance, to the height to which the
walls, foundation and framework of such existing building originally
were intended, designed and constructed to carry; provided, how-
ever, that the actual construction of the extensions in height per-
mitted by this paragraph shall have been duly corunenced within ten
(10) years from the date of the adoption of this ordinance.
Section 17. 1FEIGHT AND AREA EXCEITIONTS. The regulations
and requirements as to height of buildings and area of lot which
may be occupied by buildings, front yards, side yards, rear yards
and other regulations and requirements as established in the fore-
going sections of this ordinance, shall be subject to the following
exceptions and additional regulations.
Height: 1. In Districts "A", "B", "C", "D" and "I+'", pub-
lic or semi-public buildings, such as hospitals, hotels, churches,
sanitariums or schools, either public or private, where permitted,
may be erected to a height not exceeding seventy-five (7b) feet,
provided that such buildings shall be set back one additional foot
on all sides for each additional foot that such buildings exceed
the specified height limit as established by the regulations of the
district in which such buildings are situated.
2. Dwellings in Districts "A", "B" and "D" may be increased
in height not exceeding ten (10) feet in addition to the limitations'
-39-
of two and one-half stones, or thirty-five (35) feet, as prescribed
in such districts, provided that two side yards of not less than fifteen
(15) feet in width, each, are provided. In no case shall such dwellings,
however, exceed three stories in height.
3. Parapet walls and false mansards shall not extend more than
six (6) feet above the height limit. Flagpoles, chimneys, cooling towers,
electric display signs, elevator bulkheads, pent houses, finials, gas
tanks, grain elevators, stac1,1s, silos, storage towers, radio towers, or-
namental towers, monuments, cupolas, domes, spires, standpipes, and na -
cessary mechanical appurtenances may be erected as to height in accordance
with existing or hereafter adopted ordinances of the city of Wichita Falls,
Texas, except that in Districts "A" and "B" no radiq�Aerial support shall
4 be erected more than five (5) feet above the height limitations of such
districts and in no event shall extend more than five (5) feet above the
ridge of a roof.
4. On through lots one hundred tvaenty-five (1-25) feet or less
in depth, the height of a building may be measured from the curb level
of either street. On through lots of more than one hundred twenty-five
(125) feet in depth, the height regulations for the street perraitting the
greater height, shall apply to a depth of not more than one hundred twenty-
five (125) feet from that street.
Area per Family: 5. For any building used jointly for business
and dwelling purposes or industry and dwelling purposes, the number of
families permitted by the lot area requirements per family shall be re-
-40-
duced in the same proportion as the floor area devoted to business or in-
dustry bears to the entire floor area of the building, provided that floor
area below the first floor of such building shall not be included in any
calculation under this provision.
o. For any building providing jointly for hotel and apartment
house uses, the number of families permitted in apartments by the lot area
requirements per family shall be reduced in the same proportion as the total
floor area devoted to hotel or non-housekeeping rooms bears to the total
floor area devoted to both uses.
Yard Exceptions. 7. In Districts " i", "3", "C" or "D", where lots
comprising forty percent (401) or more of the frontage, on the same side of
a street between two intersecting streets, (excluding reverse corner lots)
are developed with buildings having front yards with a variation of not more
than ten (10) feet in depth, the average of such front yards shall establish
1%W
the minimum front yard depth for the entire frontage, except that there a
recorded plat has been filed showing a setback line lahich complies w ith the
requirements of this ordinance, yet is less than the established setback
for the block as provided above, such setback line shall apply, provided that
the Board may permit variations in case of hardship, or where the configu-
ration of the ground is such as to make conformity with the front yard re-
quirements impractical.
8. Where an official li-,e has been established for future vaidening
or opening of a street upon which a lot abuts, then the id dth of a yard shall
be measured from such official line to the nearest line of the building.
9. 1a:ellings or apartments may be built in groups about a place
or court with their rears adjacent to a side lot line, provided that:
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(a) The side yard shall be increased by one (1) foot for
each dwelling abutting thereon or one (1) foot for each
apartment entrance or exit abutting thereon.
(b) The width of the place or court shall not be less than
three (3) times the width of the side yard as required
above, and where a roadway is provided in such place or
court, the width of such roadway shall be in addition
to that allowed above.
(c) A minimum of ten (10) feet shall be allowed between build-
ings in the group.
10. Every part of a required yard or court shall be open from
its lowest point to the sky unobstructed, except for the ordinary pro-
jection of sills, belt courses, cornices, chimneys, buttresses, ornamental
features and eaves; provided, however, that none of the above projections
shall extend into a court more than six (6) inches nor into a minimum
yard more than twenty-four (24) inches, and .provided further that open
balconies and one story porches with three unenclosed sides may project
into a front or rear yard not to exceed ten (10) feet; andprovided that
within five (5) feet of the street wall a cornice may project not more
than three (3) feet into the side yard.
11. An open fire escape may project into a required side yard
not more than half the width of such yard. Fire escapes, solid floored
balconies and enclosed outside stairways may project not more than four
(4) feet into a rear yard.
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12. In any district, an accessory building, not exceeding t?raenty-
four (24) feat or two stories in height, or in any case not higher than the
main building, may occupy not more than thirty (30) percent of a rear yard,
except that in Districts "0" to "G" inclusive, if such building is not nor--
than one story or sixteen (16) feet high, it may occupy forty (40) percent
of a rear yard.
13. Buildings in Districts "E" to "G" inclusive, used wholly or
partially for business or industrial purposes, need not provide a side yard,
provided that portions of such buildings which are designed or used for
dwelling purposes shall provide on any floor, in addition to the front
and rear yard requirements, open space equivalent to the area of side yards
for buildings used exclusively for dwelling purposes in the district in
which such building is situated. Such open space may be in the form of
,, additional front or rear yards or one or more courts opening to the street
or rear yard: provided that
(a) No court shall have a width of less than ten (10) feet,
• nor less than one-fourth of its langth; nor a 1.Adth
of less than two and one-half (2 ) inches for each foot
of height of the court.
(b) That the vaidth of any portion of a required side yard
as provided in this ordinance may be considered a part
of such court.
14. No rear yard shall be required in Districts "L" to "G" in-
clusive on any lot used for business or industrial purposes, the rear lire
of which adjoins a railway right of way or which has a rear railway trace
connection.
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0- 15. In computing the depth of a rear yard for any buildin where
such yard abuts an alley, one-half of such alley may be assumed to be a
portion of the rear yard.
16. In any district where buildings on adjoining lots, used ex-
clusively for dwelling purposes, do not conform to the side yard require-
ments of this ordinance, the Board may vary the side yard recuirements,
provided that no building may be built nearer than three (3) feet to the
side lot line and provided that the width of the building allowable under
the regulations of this ordinance may not be increased.
Section 18. CO dITX11ITY UNIT PLAN. The owner or owners of any
tract of land comprising an area of not less than ten (10) acres may sub-
mit to the City Council of the city of 'Wichita Falls a plan for the use and
development of all of the tract of land for dwelling purposes. The develop-
li%W ment plan shall be referred to the City Flan Commission for study and re-
port and for public hearing. If the Commission approves the developrB nt
plan, the plan, together with the recommendation of the Commission, shall
then be submitted to the City Council for consideration and approval. The
recommendations of the Commission shall be accompanied by a report stating
the reasons for approval of the application and specific evidence and facts
showing that the proposed community unit plan i:2eets the following conditions:
1. That property adjacent to the area included in the plan will
not be adversely affected
2. That the plan is consistent with the intent and purposes of
this ordinance to promote public health, safety, morals or
general welfare
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3. That the buildings shall be used only for single-family
dwellings, two-family dwellings or multiple dwellings
and the usual accessory uses such as garages, storage
space and community activities, including churches
4. That the average lot area per family contained in the
site, exclusive of the area occupied by streets, wilt
be not less than the lot area per family required in
the district in which the development is located
If the City Council approves the plan, building permits and
certificates of occupancy may be issued even though the use of land
and the location of the buildings to be erected in the area and the
yards and open spaces contemplated by the plan do not conform in all
respects to the district regulations of the district in which it is
located.
Section 19. OFF S'1REE'T PAWING AND IOADLNG tuMULkTIONS.
Parking for Dwelling. For all one and two-family dwellings
hereafter erected, converted, or structurally altered, provision shall
be made for parking of motor passenger vehicles for the use of occupants,
either on the premises or in a community garage in the same block. Such
parking shall provide space for one vehicle for each family unit.
Parking for Apartments and Multiple Dwellings. For all apart-
ments or multiple dwellings hereafter erected, converted or structurally
altered, provision shall be made for the storage or parking of motor
passenger vehicles for the use of occupants either on the premises or
within one thousand (1000) feet. One parking space shall be provided
for each dwelling unit.
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Parking for Places of Assembly. For every structure or part
thereof hereafter erected, converted or structurally altered, to be
used as a theatre, auditorium, stadium, or other place of public as-
sembly, except in District "E", there shall be provided and maintained
accessible off-street parkin;-7 space for the storage of motor vehicles
on the basis of one vehicle for each ten seats of the total audience
seating capacity of the building, structure or part thereof. Such nark-
ing shall be located on the same lot with such building, structure or
part thereof, or within five hundred (500) feet thereof. Churches
shall be exempted from this provision.
Parking for Business Buildings. Any business building here-
after erected, converted, or structurally altered in District "D",
shall provide accessible off-street parking at the rate of one narking
space for each two hundred (200) square feat of floor area in the build-
ing.
Loading Bpace for Business and Industry. Any business or in-
dustrial building hereafter erected, converted, or structurally altered,
in any district, shall provide adequate off-street facilities for the
loading and unloading of m:rchandise and goods within or adjacent to
the building, in such a manner as not to obstruct freedom of traffic
movement on the public streets or alleys.
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Section 20. I-I�TE--IFRE`PLTION 211D PIIRFOSE. In interpreting
and applying the provisions of this ordinance, they shall be held
to be the minimum requirements for the promotion of the health, safe-
ty, morals or general welfare. It is not intended by this ordinance
to repeal, abrogate, annul or in any way to impair or interfere with
any existing provisions of lave or ordinance or any rules or regula-
tions previously adopted pursuant to law relating to the use of build-
ings or premises; nor is it intended by this ordinance to interfere
with or abrogate or annul any easements or covenants between parties;
provided, however, that where this ordinance imposes a greater re-
striction upon the use of buildings or premises than are imposed by
such existing provisions of law or ordinance or by such rules or regu-
lations or by such easements, covenants, or agreements, the provisions
of this ordinance shall control.
Section 21. AtMOMENTS. The Council may, from time to time,
on its own motion or on petition, after public notice and hearings
thereon as provided herein, amend, supplement, change, modify or re-
peal the regulations and restrictions as established herein and may
change, restrict or extend the boundaries of the various districts es-
tablished herein. Before taking any action upon any proposed amendment,
modification, change, restriction or extension_, the same shall be re-
ferred by the Council_ to the City Planning Commission for report and
recommendation.
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In case, however, of a protest against such change, signed by
the owners of twenty (20) percent or more either of the area of the
lots included in such proposed change, or of those immediately adjacent
in the rear thereof extending two hundred (200) feet therefrom, or of
those directly opposite thereto extending two hundred (200) feet from
the street frontage of such opposite lots, such amendment shall not
become effective except by the favorable vote of three-fourths of all
members of the City Council.
No action on an amendment, change, modification or repeal
shall be taken until after a public hearing in relation thereto, at
which parties in interest and citizens shall have an opportunity to be
heard. At least fifteen (15) days notice of the time and place of such
hearing shall be published in an official paper, or a paper of general
circulation in the city of 7.1ichita Falls, Texas.
Section 22. ET�T.�ORCE[vf—IFP— It shall be the duty of the City
Engineer, or any deputy or inspector working under his direction, to
enforce the provisions of this ordinance and to refuse to issue any
permit for any building or structure or for the use of any premises,
which woulc. violate any of the provisions hereof, and to cause any
building, structure, place or premises to be inspected and examined,
and to order in writing the remedying of any condition found to exist
therein or thereat in violation of any provision of this ordinance.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure
or land is used in violation of this ordinance, said City Engineer
-aS-
is hereby authorized and directed to institute any appropriate action
or proceedings to prevent such unlawful erection, construction, recon-
struction, alteration, repair, conversion, maintenance, or use, to re-
strain, correct or abate such violation and to prevent the occupancy
of said building, structure, or land, or to prevent any illegal act,
conduct or use in or about such premises.
Section 23. PO 123 AID DUTIES OF THE BOARD OF ADTUSTTKET\J?T.
The Board shall adopt rules in accordance with the provisions of this
ordinance. Meetings of the Board shall be held at the call of the chair-
man and at such other times as the Board may determine. Such chairman
or in his absence the acting chairman, may administer oaths and compel
the attendance of witnesses. All meetings of the Board shall be open
to the public. The Board shall keep minutes of its proceedings, show-
ing the vote of each member upon each question, or if absent or failing
to vote, indicating such fact, and shall keep records of its examina-
tions and other official actions, all of which shall be immediately filed
in the office of the Board, and shall be a public record.
Appeals to the Board may be taken by any person aggrieved
or by any officer, department, board, or bureau of the municipality
affected by any decision of the administrative officer. Such appeal
shall be taken within a reasonable time, as provided by the rules of
the Board, by filing with the officer from whom the appeal is taken
and with the Board a notice of appeal specifying the grounds thereof.
The officer from whom the appeal is taken shall forthwith transmit to
the Board all the papers constituting the record upon which the action
annealed from was taken.
An appeal stays all proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken certi-
fies to the Board after the notice of appeal shall. have been filed with
him that by reason of facts stated in the certificate a stay would, in
' his opinion, cause :Uiminent 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 or by a court of record on application
or notice to the officer from whom the appeal is taken and on due cause
shown.
The Board shall fix a reasonable time for the hearing of the
appeal, give public notice thereof, as well as due notice to the par-
ties in interest, and decide the same within a reasonable time. Upon
the hearing any party may appear in person or by agent or by attorney.
The Board shall have the following powers:
1. To hear and decide apm als where it is alleged there is
error in any order, requirement , decision, or determination ma-de by an
administrative official in the enforcement of this ordinance.
2. To hear and decide special exceptions to the terms of this
ordinance upon which such Board is reQuired to pass under this ordinance.
3. To authorize upon appeal in specific cases such variance
from the terns of this ordinance as will not be contrary to the public
interest, where, owing to special conditions, a literal enforcers nt of
the provisions of this ordinance will result in unnecessary hardship,
and so that the spirit of this ordinance shall be observed and sub-
stantial justice done.
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4. To grant a permit for a temporary building for commerce
or industry in a dwelling district which is incidental to the dwelling
development, said permit to be issued for a period of not more than two
years.
5. To r)ermit a transitional use between a business and dwell-
ing district where the side of a lot in District "A" or "B" abuts upon
a lot zoned for business or industrial purposes as follows:
(a) On a lot in District "A" which sides upon a lot zoned
for business or industrial purposes, the Board may
permit a two-family dwelling.
(b) On a lot in District "B" which sides upon a lot zoned
for business or industrial purposes, the Board may
permit a four-family dwelling.
(c) Provided, however, that in no case shall any transi-
tional use have a width of more than one hundred (100)
feet.
6. To grant a permit for the extension of a use, height
or area regulation into an adjoining district, where the boundary line
of the district divides a lot in a single ownership at the time of the
adoption of this ordinance.
7. Permit as an auxiliary use, a barking area for ?passenger
automobiles only, on a lot or lots in Districts "A", "B", or "C" which
adjoin a lot in a District "D" to "'is" inclusive, for use by customers
of neighboring business establishments, providing such parking is de-
veloped as follows:
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Such area shall have a ?permanent paving and shall be
properly enclosed with a fence, wall or other suitable enclos-
ure, to be approved by the Board, having a height of not less
than three (3) feet. Such fence, wall or enclosure shall be
maintained in ,rood condition and observe the required front
yard regulations of the district in which it is located. 7o
parking shall be permitted within six (6) feet of an adjoin-
ing, lot in a District "B" or "C"• Any lights used to
illuminate said parking area shall be so arranged as to direct
the light away from any adjoining premises in a District
IIBrt or rrc"
8. To determine in cases of uncertainty, the classification
of any use not specifically enumerated in this ordinance.
In exercising the above mentioned powers, such Board may re-
verse or affirm, wholly or partly, or may modify the order, requirement,
decision_, or determination appealed from and may make such order, re-
quirement, decision, or determination as ought to be made, and to that
end shall have all powers of the officer from whom the appeal is taken.
Tile concurring vote of four 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 ap-
plicant on any matter upon which it is required to pass under this or-
dinance, or to effect any variation in this ordinance.
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kny person or persons, jointly or severally aggrieved by
any decision of the Board, or any taxpayer, or any officer, depart-
meat, board, or bureau of the municipality, may present to a court
of record a petition, duly verified, setting forth that such de-
cision is illegal, in whole or in part, specifying the grounds of
the illegality. Such petition shall be presented to the court with-
in ten (10) days after the filing of the decision in the office of the
Board.
Upon the presentation of such petition the court may allow a
writ of certiorari directed to the Board to review suer} decision of the
Board and shall prescribe therein the time within which a return thereto
must be made and served upon the relator's attorney, which shall not
be less than tel (10) days and may be extended by the court. The al-
lowance of the writ shall not stay proceedings upon the decision appealed
from, but the court may, on application, on notice to the Board and on
due cause shown, grant a restraining order.
The Board shall not be required to return the oriID
ginal papers
acted upon by it, but it shall be sufficient to return certified or sworn
copies thereof or of such portions thereof as may be called for by such
writ. The return shall concisely set forth such other facts as may be
pertinent and material to show the grounds of the decision appealed from
and shall be verified.
If, upon the hearing, it shall appear to the court that testi-
mony is necessary for the proper disposition of the matter, it may take
evidence or appoint a referee to talre such evidence as it may direct
and rerort the same to the court with his findings of fact and conclusions
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x
of law, which shall constitute a part of the proceedings upon which the
determination of the court shall be made. The court may reverse or
affirm, wholly or partly, or may modify the decision brought up for re-
view.
Costs shall not be allowed against the Board unless it shall
appear to the court that it acted with gross negligence, or in bad faith,
or with malice in making the decision appealed from.
All issues in any proceeding under t� is section shall have
preference over all other civil actions and proceedings.
Section 24. PERMITS. No permit for the erection, altera-
tion, removal, construction, reconstruction, conversion, use or main-
tenance of any building, or the use of any premises shall be issued by
the City .Engineer unless there shall first be filed in his office by
the applicant therefor, a plan in duplicate, drawn to scale, correctly
showing the location and actual dimensions of the lot to be occupied,
the dimensions and location on the lot of the building to be erected,
altered, moved, constructed, reconstructed, converted, used or maintained,
with measurements in feet and inches from all lot lines to all founda-
tion lines of the building, together with a true statement, in writing,
signed by the applicant, showing the use for which such building or
premises, is arranged, intended or designed, and the location and di-
mensions of all accessory buildings or structures, and no permit shall
be issued by said City &ngineer unless such plan shall show in all de-
-54-
tails that such building or structure is to be erected, altered, moved,
constructed, reconstructed, converted, used or maintained, and such
premises are to be used in conformity with all the provisions of this
ordinance. A record of such applications and plans shall be kept in
the office of the City Engineer. Failure of any applicant or of his
agents, servants or employees to erect, alter, move, construct, recon-
struct, convert, use or maintain any buildings, structures or premises
in conformance with such plans on which such permit is issued, when
such failure constitutes a violation of any provisions of this ordi-
nance, shall render such permit void, and the City Engineer is hereby
authorized and directed to revoke any such permit by giving i^aritten
notice to the applicant, or his agents, servants or employees and all
work upon such buildings, structures or premises shall be immediately
discontinued on the serving of such notice until such buildings, struc-
tures or premises shall -)e changed so as to comply with such plans and
permit.
Section 25. CERTIFICATE' Or OCCUPANCY. No vacant land shall
be occupied or used, except for agricultural uses, and no building
hereafter erected or structurally altered shall be occupied or used
until a certificate of occupancy shall have been issued by the City
Engineer.
Certificate of Occupancy shall state that the building or
proposed use of a building or land complies with all the building; and
health laws and ordinances, and with the provisions of these regula-
tions. A record of all certificates shall be kept on file in the office
of the City Engineer, and copies shall be furnished on request to any
person having a proprietary or tenancy interest in the building affected.
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No permit for excavation for any building shall be issued
before application has been made for certificate of occupancy.
Certificate of Occupancy for a Building: Certificate of
occupancy for a new building or the alteration of an existing building
shall be applied for in. writing coincident with the application for a
building permit, and shall be issued within ten (10) days after the
erection or alteration of such building or part thereof shall have been
completed in conformity with the provisions of these regulations. Pend-
ing the issuance of a regular certificate a temporary certificate of
occupancy may be issued by the Inspector of Buildings for a -e riod not
exceeding six (6) months, during the completion of ,alterations or during
partial occupancy of a building pending its completion. Such temporary
certificate shall not be construed as in any way altering the respective
rights, duties or obligations of the owners or of the City relating to
the use or occupancy of the premises, or any other matter covered by
this ordinance, and such temporary certificate shall not be issued ex-
cept under such restrictions and provisions as will adequately insure
the safety of the occupants.
Certificate of Occupancy for Land: Certificate of occupancy
for the use of vacant land or the change in the character of the, use
of land as herein provided., shall be applied for before any such la nd
shall be occupied or used and a certificate of occupancy shall be issued
within ten (10) days after the application has been made, provided such
use is in conformity with the provisions of these regulations.
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Certificate of Occupancy Tort on-Conforming Use. A certificate
of occupancy shall be required for all non-conforming uses. Application
for certificate of occupancy for non-conforming uses shall be filed
within twelve (12) months from the effective date of this ordinance,
accompanied by affidavits of proof that such non-conforming use was not
established in violation of this ordinance.
Section 26. PENAL'TIES. Any person, firm or corporation who
violates, disobeys, omits, neglects, or refuses to comply with, or who
resists the enfor•cements of any of the provisions of this ordinance,
shall, upon conviction, be fined not less than Ten Dollars (��10.00)
or more than One Hundred Dollars (N100.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate of-
fense.
Section 27. INVALIDITY OF is PART. In case any section,
clause, sentence or paragraph or part of this ordinance shall for
any reason be adjudged by any court of competent jurisdiction to be
invalid, such invalidity shall not affect, impair or invalidate the
remainder of this ordinance.
Section 28. RE-PEAL. All ordinances or parts of ordinances
in conflict with any of the provisions of this ordinance are hereby
repealed in so far as the same are in conflict with the provisions
hereof.
r
rri
This Ordinance s . it become effective from and �_fter its pass,-,"e,
apr:,roval and publication in the official newspaper of the City of
'Wichita Fulls, Texas, as provided by lava.
P:,.ssed and pproved this the jth day of February., D. , 1948.
Layor
.aTT ES'L:
City Cler"
t