Ord 1452 (2) 2/5/1948 102, PARAGRAPH LIKE COPY, RECORD NEiIS ( 13 T A A I LABLE ,DATE AFTER BEING SET )-
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PUBLIC NUTICE
Notice is hereby given that ordinance No. 1452
was passed and approved on its third and final reading
February 5, 1948, A.v•, which reads as follows; together
with the official map as shown herewith:
Geo. T. Henderson, City Clerk
t
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-"" CHD INANCE NO.AN •
M., ORDINADUE TO REGULATE AND RESTRICT THE US"L OF
LAND AND THE LOCATION OF BUILDINM DESIGNED FGrc SPECIFIED USESs
TO REGULATE AND RESTRICT THE LOCATION OF TRADES" AND INDUS-
TRIES; TO RBGULATE Ali} LINT THE HEIGHT AND BULKk OF BUILD-
INGS HJZZ�JIER ERECTED Chi ALTERED: TO RMULATE I`ND DETF =NE
THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES, IN Co C-
T ION Fri ITH BUILDINGS AND/ OR SURROUNDING BUILDINGS lff,RE i FTffi
ERECTED LE ALTDUDI TO REGULATE AND LIMIT THE DENSITY OF
PUPULATIONs TO DIVIDE THE CITY INTO DISTRICTS AND ESTABLISH
SAID DISTRICTS FOR
1 By REFERENCE TO �, MAI', THE BOUI�}r,RIES OF gat
S i ID PURPOSES; TO PROVIDE FCR A BOARD CIS' AD JUST*I NTS AND DE-
# FINING ITS P4i&S iiND DUTIES; TO PROVIDE FOR ITS ENFJRCEMENT
:AND PRE SCRIBING THE FOLLOWING PENALTIES: ANY naSC)N, FAT
OR CORP(tATIUN WHO VIULATES, DISOBEYS, 09ITS, NEGLECTS, CR
REFUSES TO COMPLY WITH, CR 'vHo RESISTS THE ENF(kCEMBI NTS OF
ANY kF TIIE PROVISIONS C7F THIS ORDINANCE, SHALL, UPON CON-
viction, BE FINED NOT LESS THIN TEN DOLLPRS( 1.0) OR MCR E
THAN ONE HUNDRED DOLL RS(4100) F(R EACH OFFENSE. EACH DAY
THAT A VIOLrTION IS PERMITTED TO EXIST SHALL CONSTITUTE A
SEPARATE OFFENSE; TO PROVIDE F'tR THE IMMENDMENTS TO TPIS
ORDINANCEI TO PROVIDE F(R PLRMITS AND CERTIFICATES OF OC-
CUPANCY; TO PROVIDE FOR ITS INTERPRETATION :AND TH'T OF OTHER
kRD:tKtiWES CR LgiS (IC COVENANTS, ETC., RELATING TO THE, SAME
CR SIMILAR SUBJECTS; TO PROVIDE THAT IF ANY CLAUSE, SENTENCE,
SECTION, PARAGRAPH M PjaT CIS` `T`HSS ORDINANCE SHALL BE HELD
I14VALIDO SUCH INVALIDITY SHALL NOT INVALIDATE; THE REMaN-
E DER; TO PTtOVIDE FCR. THE', REPEAL OF x,LL OTHER ORD IN ACES
PiiRTS OF SUCH ORDINANCES IN CONFLICT ',JTTi THIS CHDINAN .
i
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-4H&tEA3s by the provisions of Chapter 283,
General Laws, passed by the regular session of the
Fortieth Legislature of the Mate of Texas in the
year of 1927, authority is conferred upon the Gi ty
of Wicl .ta Falls, Texas, to establish districts or
:.r. zones within its corporate limits for the purpose
of better regulating tine use of land and control-
Iixi6 the; density of population, to 1-,he end that
congestion upon the, public streets may be lessened,
the public lieal.th, safety, convenience and general
welfare promoted; and
j '' A s the City Planning and Zoning Comr�i scion,
acting as the Zoning COM—li.ssion, created under the provis-
ions of the General maws of the State of Texas and by ordi-
nance, and pursuant to the provisions of ordinances of the
City of Wichita Falla, Texas, duly adopted, :lave recommend-
ed boandarie s. or districts and appropriate reg-u:l.ati.ons to
be enforced iwhereins and public hearings having been Heald,
at which all owners of property affected were .iven wa.,le
opportunity, after public notice by advertisement, to file
their protests or criticisms, if any they 'had; and
Wi +•,JWx the passage, promulgation and enforce-
amt 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 Lovermaental pow�:rs delegated to and possessed by the
City of 6fichita relis, 'Texas, for securing the objects herre-
inbefore expressed:
TFi&WoKh.a BE IT ORLiAIhED BY `19h CITY COUNCIL
Q a Falls., Texas
section 1. DISTRICTS* The City Of �4�'iddt
is hereby divided into seven (7) districts., as follows:
District A. First j)weUjng House District
District B. Second I)welling, House District
District C. partment District
District D. Local Business District
District E. General business District
District F. Light Industrial District
District G. Heavy Industrial District
section 2, DIST-RJCT 'UAP 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 imap is hereby designated as the ;,/zoning District i4aP"s
and said map and Al the notations' references and information
shavin thereon are hereby amide as much a part of this ordinance
as if the sam 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., amendmnts or additions
theretoo and duplicate copies thereof shall be kept Or, file in
the office of the City Planninf� Co,-Imission and city .',..ngineer.
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Vi�hen definite distances in feet are not shown on the
Zoning District ILaps the district boundaries are intended to be
along,, street,, alley or plotted lot lines or extension of
the same, and if the exact location of st,ich line is not clear,, it
shall be determined by the City Lngin"r., due consideration being
given to location as indicated by the scale of the Zoning District
Jap.
When the streets or alloys on the ground differ from the
c
streets or alloys as shown on the �$oning District Map., the City
Engineer may apply the district desjgrv^tions on the map to the
streets or allays 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 ItAchita Fal Is shall automatically be classed As lying and being
in District "All until such classification shall have been changed
by an amendment to the Zoning Ordinance., as provided by law.
'henever 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. WiRD OF ADJU,131V69f. 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 ildjustment.
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The Board shall consist of five (5) members appointed
by the City Council for a, text Of two YeIrsj, one of whom may be
and coning Corimission., provided
a member of the City Planning
the appointment of any member of the city Planning and Zoning Com-
mission shall be for bis term of office as such only, tiny vacancy
shall be filled for the unexpired tem. 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 members shall be removable
for causej, upon written charges and after public hearing.
SRotion 4. DitFINITIONS. For the purpose of this Ordi-
nances the following words and terms its used herein are defined
to man the following:
Words used in the present tense include the future;
words in the singular number include the plural; and words in
the plurpl nwTber include the singular; the word "building"
includes the word "Structure"; the word "shall" or the word
"trust" is mandatory and not directory; the word "lot,, includes
the word "plot"; the term "used. for" includes the meanin- "do-
signed for" or "intended for".
1. i�CCESsORY BUILDING OR USE: a, subordinate building.,
or a portion of the main building havify, a use ctuqtomz�rily inci-
dent to and located on the of occupied by the main building;
or a use customarily incident to the .Lairs use of the property.
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2. ALJ,.ETj A public way which affords only a secondary
means of access to abutting droi;erty.
3. AYARDLOT: A room or a suite of rocias witbin an
apartment house arrangedo intended., or desiLped for a place of
residence of a single family or group of individuals living to-
gether a a sinZle housekeeping unit,
:
4, Al-ARW' WT HOUSE1 A building arranZed., intended,, or
designed for more than two families.
5, ApliTim ,Vr Ho"Lla, ; Art apartment house which furnishes
for the use of :its tenants services ordinarily furnished by hotelsp
but the privileges of uhich are not peLaarily avallal)le to the
public.
6. BASUWNT: A story below the first story- as here-
aftor defined*
7. 3 ?C4: A piece or l.arcel of !and entirely surround-
ad by public highways or streetaq other than allays. In cases
where the plattinP, is incomplete or disconnacteds the City Lngineer
shall determine the outline of the block.
8, BUAADING HOUSE U11 WDGIJIG HOUSEl A building other
than a hot,:,,!, occupica as a single housekeeping unit., where lodg-
ing or meals are provided for five or more persons for compensa-
tion,, pursuant to previous arrangementas but not for the public
or transients.
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9. CURB LLVEL: The mean level of the curb in front of
the lot, or in case of a corner lot, along that abuttirgg street where
the meari curb level is the highest,
10. DVLLLIJG: A building or portion t.qereo-'., designed ex-
elusively for residential occupanoyj, including oiv family, tao family,,
and mu.Ltiple dwellings, boarding and lodging housess apartment houses
and apartment hotels., but not hotels.
11. V"LjjjNG., ONE-Fiii4lLi: k detached building arrangedo
intendeds or designed for occupancy by one faMUY,
12. D=Ix-,LLIWTp U&._FAUILys ji building arranged., intended,,
or designed for occupancy by two faalli0s-
13. DV;MLD'Gs bi_ULT1P1'Z': A building or portion thereof,
arranged,t intended,, or designed for occupancy by three or more faai-
lies, including apartiaent houses, row houses,, tenements arm apartment
hotels,
14. FIXILYt hny number of individuals liviV together &.s
• single housekeeping W-dt., as distinguished from a group occupying
• boarding house.9 'Lodgi"g house or hotai"'. -is defined herein.
15. GAHAGEq CUMMIM', A building or portion thereof,
other than a public., private, or storaga garage providing storage
for motor vehicles with facilities for washingp but no other ser-
vices., such gar a f a g,rages within a block
,e to be in lieu of private
01' 16, GARziGE1 .9 PRIVATE-# An accessory building for storage
only of motor vehicles.
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17. GARAGE., PUBLM A building or portion thereof' de-
signed or used for the atoraga, sale,, hiring., care or repair of motor
velticles., which is operated for commercial purPoseoo
18* GMA"s, STORAGEt IL building or portion thereof., except
those deAned as a private., a public,, or a coauunity garage provid-
ing storage for rotor vehicle as with iacilities for washing but no
other services.
igo HU(�HT OF BUILDINGS: The vertical distance measured
from the highest of the following three le-velat
a. From the street curb ievell
o. Prom the established or mean street grade in case
�he curb 11.1as not beer, constructed;
c. From the average finished :jround level adjoining
the building if it sets back from the street !iiie;
to the ievel of the hi6yhest point of the roof boa uw OC ','iat, roofs
or roofs ine"Uniag not mare than 0110 ilicli to the foot, and to the
mean Javel of Li,e top of the main plate and highest ridge
for other roofs*
20, HL,'JuHT OF 1A0 OR CC URTt -The vertical cdstancO
from the lowost level Of such yard or court to the highest point
of any boundary wall,
21. HUM: A building occupied or used as a more or less
temporary abiding place of individuals or groups of i!Xdviduals Who
are lod6adj, with or -vAdTJlout rae&1s,, and in which there are raore than
twelve sleeping rooms, and no provision for cookinE, in individual
roomse
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2R. LOT: � parcel of land occupied or to be occupied by
. 'a
one building,, or unit group of baildingsp and the accessory buillngs
or uses customarily incident theretol inclu ding, such open spaces as
are required under this ordinancej and having its principal frontage
upon a public street or place,
23. Wro CCRNERt A lot abutting upon two or more streets
at their intersection. R corner I lot shall be deemed to front on
that street On which it has its least dimension., unless otherwise
specified by the City Engineer,
24, LOT, INT&ICR: A lot whose side lines cio not abut
upon any street.
25, LOT$ THRWGR: , An interior lot having frontages on
two streets,,
26, LOT LINE$-. The lines bounding a lot as defined herein.
27. DEPTH: The mean horizontal distance from the front
.- LOT
street line to the re.,.;,r line.
28. LM V,MTHI The mean horizontal distance between side
lines meesured at right angles W the depth.
290 NON—CONFCkWING USE-1, BUILDING CU YjjRD: A use, building
or yatd existing legally at the time Of the passage of this ordinance
which does not, by reason of design or usep 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 dediaa-ted rs the principal means
of access to property abutting thereon.
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310 REAR LINE: The boundary line which is opposite and
--~-e distant from the front street line; except that in the case
of uncertainty the City EnZ neer shall determine the rear line.
32, SIDE LIM: Any lot boundary line not a front or
rear line thereofq k side line may be a party lot line, a line
bordering on an alley or place or a side street line,
33. ST;OL-Es PiLIVATEI-s An accessory building for -he keep-
ing of horses or males oared by occupantu of the preju-IsesS, and not
kept for remunerations hire or scaea.
34. STABLZI PUBLITO: A stable other than a pelvate or rid-
ing stable es defined herein.
315-1. STABLE, RIDINGS A structure in which horses or Mules
used exclusively for pleasure riding or driving are houseas boarded.,
or kept for hire; including 1-idifig track*
36. SIMAY: That part of a building included between the
surface of one floor and the surface of the f'-'O,)r next above, or if
there be no floor above, that part, of the Building -which is above
the surface of the hi1q,hest floor thereof* A top story attic is a
half story when the inain lire of the eaves is not above the middle
of the interior heit,ht of such story. The first story is the high-
est story hesing its interior floor surface not more than lour feet
above the curb level, established or mean street grade, or average
ground levels as mentioned in park.-,raph 19 of this sectiOne
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37- STRUT: A public thoroughfare which affords principal
means of access to property abutting thereon.
38. STREET LIME: The dividing line betwon the street and
the abutting property.
39. 317eUCTURE: i,,nythin;; constr cited or erected., which re-
quires location on the ground,, or attached to something a having 1
cation on the ground; including, but not limited to,, advertising
signs, billboards, and poster panelso but exclusive or customary fences
or boundary or retaining walls.
40. SYIWCTU&h! '['1ThFtATIUkZt Any charwe in the supporting
members of a buildings such as bearing walls., columns, beams or birders.
41. TOURIST CABIN TRAILER i, tract or parcel of
land upon which two or more tourist cabins are located,, or where teal-
porary accommodations are provided for two or more automobile trail-
ers., tents or house cars, opne to the Public either free or for a fee.
42. YARD: an open space at grade between a buildi and
the adjoining lot lines, unoccupied and unobstructed by any portion
of a structure from the ground upwards except as otherwise provided.
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 yards the
le,,.1st g
horizontal distance between the lot line and the main building;
shall be used.
43. YARD,, FRONT: A yard across the full vidth of the lot
extending from the fr=nt line of t'ie main building to the front street
line of the lot
jjz;jVt: A yard between the rear lot line and the
rear line of the main building and she side lot lines.
45, Uhl), 61"t A yard between the main building and the
&I I U
adjacent side lizio of *L� tz 'OL,, axid extending entirely from the front
yard vq the rear rard t.iertiuf
Section 5. M-4UIR,-I6IMT3 14UST HE OBSIAVED. - Except as here-
inafter provided:
1. No buildings or stmiatures IaIall be ert:°cted, constructed.,
reconstructed or structurally altered, nor shall any 'biAldinz-", stn.Ic-
ture or land be used for any purpose other than is -permitted in the
district in which such 1-buildin.1-9 structure or land i& situated.
2. No building or structure 311all be erected,, constructed,
extended., enlarged., reconstructed or structurally altered to exceed
.
the hei6ht or area i.imit herein established for t�e district in wideh
such building or structure is situated.
3- No lot area shall be reduced or &Lminished so that the
yards or other open i;paces shall be smaller than pr-escribed by this
ordinaxices nor shall the density of population be incra-ased in any
Maiuier retions established except in confomity with the area rejuL
DI3I"0"IC;T "All (First !*elling HOusO District).
Usi RZGULAMN31
In District no buildin6l., structare,, land or provases
shall be used,, aad no building or structure shall be hereE,11't--r er,-,ct-
edo constructed, recoastmated or altered except for one or 1-,iore of
the following uses:
IN14 A, i�
1. Dwellings, one fc?zi1y
2. Churches and, can aunity buildings
3. Public perks and playgrounds, golf courses, (excep
m4niat•ure golf courses) dr.Iving ranges and other
sinnilar activities operated as a business), Public
a ecma.tion buildings and public museums
4. Public schools, elementary and high, and private,
schools with curriculum equivalent to t."jat of a public
elementary or high school, tail yns4..�tut ac}rrs of higher
learn':ng, including stadiums and dor itor .es in con-
junction, if located on the cwApus
. Public administrative buildir*s, ,public librariess
pcli.ce stations Find fire statiora
6. hai'xoad passenger :�tati4�rss a,nd rail.raad ri 3t of
ways, not including; railroad yards
Agriculture, nurseries, and truck gaa rers limited to
the propagation and cult t,vatioa of p Ants; provided
no ret•ai.l or wholesale business shall be w aducted
upon the premises, and provided that no obnoxious fer-
tilizer is stored upon. the ;remises, and no obnoxious
soil or fertilizer renovation in conducted thereon
8. Telephone exchanges and equipment
9. accessory uses, customarilyincident to the above uses
and located on the sane lot herewith, not involving
the conduct of a. business or industry
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The term accessory use shall include customaxy
home occupationss such as the office of phy,I si-
j
eian,, dentist., surgeons dressmakers musician, or
& 2 g restriction:
xtist under the followiln
That sucil uses are located in the dwelling
used by a person ,as his or her private resi-
(lence
(2) That no assistant other than a mehiber 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, sarae
(3) That no power other than electric and of not
more than one horse povier is used.
(b) i. billboard., signboard,, or advertising sign shall
14ot be permitted as e-n accessory use, except that
the glad. rig of all uIll Ilumirlated "For �alell or
"For Rent" sign not more than eight(8) square feet
in area oiay- be peraitted as an accost-iorY use, and
except tDat churches and other institutions may
display signs showing iwVsj activities and ser-
vices therein provideds and that during; construction
of a building one WAILluminated sign advertising
contractors or a%,chitects for such buildings shall
be permitted., providing such sign shall riot be more
tkan eight(8) square feet in area, ant 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?.
There shallbe penaitted one private garag-e with
space for not more tiiwi one motor vehicle for each
two thousand (20000) square feet of lot area., one
private stable for not more than one horse or mule
for each five thousand (51000) square feet of lot
area, or servants ouarters,, provided that such gara.-es,
stable or iervwits ,',uarters sliall be loe'ated Lot le,a3
than sixty (60) feet from the froat lot 'lines nOr
loss than three (3) feeL from any side lOt ""Os and
in the case of corner lots not lees than the (tis-
twice reqn,ired for reaidences I'= viide etreets;
and further provided that such survantu quarters
shall be occupied only by Bervarit-3 f-up'--oyed on tie
prem—ises, A tukv- be collstruct(id across a
common lot line by mutual agraeuierit between proPerty
owners. A garage or servants quarters constructed
ay -m integrpl part of the main building shall be
subject to the reAilwtions affecting the main build-
ing.
(d) Comm*dty garages piety be pe-mitted by the Board of
Adjustment. Such oommulity garage may '31-rovide fa-
ciliti3a for washing and acceus thereto., if
from the street, shall be by riot snore than one
driveway, Such gara es shall be so located as to
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be distant at least si7, (6) feet from any party
lot Jim arid, shall be set back froBi any front or
side street line a distance at least ten (10) feet
greater than would be required for a. residence
building in uhe same location, and shall not be
over one story or sixteen feet high , No coimercial
vehicle shall be housed in &ay such community garage.
(e) Temporary real estate sales Office., located on prop-
erty Lein-, sold., and limitod to period of sales, gut
riot exceeding Vtvo years rithout Speci U permit fraa
tyre 1,10ard.
(f) There 9k�jj_Ll be pemitted as an acceasory use a neAs
or rafrebbitent staxyl or re:stauraxt ill ConliecLion
with a railroad passeng-er station; alao rocroation
and sex-vice bujJ-din,-:,5 in a pLLalic park or playg ground.
&:MHT
In District "A" the height of buildir*-,so the minbnum dituensions
of yards., and the minimum lot area per faLtily permitted on any lot., shall
be as follows'
heights No building shall exceed. thirty-five (35) feet or two
and one half stories.
Front Yards: Any building, hererfter 0-.:n-
�,tructed skull provide
for a front yard, the minimw-ft depth of -Ahich shall be at le-tat twenty-
five (25) percent of the depth of the Lot., buL the depth of such front
yard need not be aw e than twenty-five (25) feet.
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Side Yards: There shall be a Ade yard on each side of a 'building
not less than tan (10) percent of the width of the lot, Such side v,,ard shall
not be less than three (: ) feet, and need not be more than 'ive (5) feet.
Buii(jings on corner lots., where interior lots tiave been platted or
sold,, fronting on the side streetp may roject not more than ten (10) feet
in front Of the line established for -buildings by the front yard requirements
for the interior iota on 4he side street, provided this regulation 311all riot
be so laterpreted aa to reatice the bu-ilduble -width of a corner lot In separate
ownership at the U,,te of the pas sage; or tilis or6atiance, to Less hart twenty-
and -a,) ve i "I be
eit-fit (28) foot, provieou that t:jla aide yard reimu.ations a.
rd all ez�,st -1-drty
Rear Yards: �jjje depth of the rear ya sr4 be at -
(30) percent o;' the depth Of the -Lot., t-tirt such -depth need not be ire than
thirty (30) fQet-
Width of The -minirawn width of a 3-1-ot ahcill be Af ty (50) ,feet,
provided "'what mheru a lot Ila$ less wicLth than to _room red 'In separate
ownership 4t the time of the passage of -Iiis ordinance, t,rtdr, ret*, P-tion All
not prohibit the ex-action of a one f 8m17 dwel lint-
.Lot Area per Vardly: jivez7 dwellinj,?, hereafter erected or ultored
shall -,provide a lot area of riot less -Lijar, six t.jjQu3and (6.,000) square feat
per familyp provided that where a lot iias less area than here-in required in
separate ownePsDiPs at tile time of the passage of this orainance/this regu-
lation shall riot 1rohibit the erection of a. one fmilY dwelling-
Section 7. DISTfdCT "B". (Second Dwelling House District)
USE REGULATIONS.
In District Hiill no bullciin�r;.j structurel, land or Premises shall be
used., s,,nd no building or structure shall be hereafter erected, constructed,
reconstructed or altered except for one or more of the followilig uses:
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1. P.ny use permitted in District "A"-
2. Two Famlly dirvellings.
12* Accessory uz-os as provided in District oxcept that in
District "B" a private garc.ge Aa3l provide space for not more than one motor
vehicle for each riftean htmdred (1500) sqw,rp, feet of 'Lot area,
In District "B14 the heip Ae na
jit of buildings, the Ainiaur,-� jil 10as
of yar6s and the xlnimun lot area per faiaily ,-perriltted upan an4ot shall
be as follm-;:
,-eights sww District "All
Front Tards: Same as District "A"
,qidc Yards: Sam as L-istrict IlIVI, including regulations for cor-
m,r lots Wcfjacerjt to reversed frontaFe
!'-ear Yards: %Same as dirtrict, 114"
A,ot 4re,-, per Fa1;ii1y:
'very dwelling, hereafter erected or altered
s .alb provide a lot area no
t uare
.L ot less than six U-.ol and (6,,000) sou feet
per family for one faiily dwellingso or three thousand OvOUO) square feet
per family for tiro family dwellings,, provided that where. e. lot has less
area than herein provided, in separate mnershi , at the tine of' 16he i)ass-
P
age of this ordinance., this regulation sha,11- not prohibit the erection
of a olle family dwelling.
idth of (ot: saiue es District
Section 8. DISTRICT "C". (apartment ik)use District).
ME RRGULKTINNS.
In District IV no buUdIngst structure., laiW or pre-nO-ses shall be
used , constructed,
., and no building or structure shall be hereafter erected,
reconstructed-P or altered., except for one or more of the following uses:
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1, Any use per;nitted in District "B"
2, jpa_rtment houEe6., flats 1 0.-
3- Boarding ,pj1d locigirtr houses
praterrj_ity ol- sorority �,aysas and doradtori-S
5. dote ls or h--)artnerit Hotels
6. 11080,t(�18' nx,t riva es 01. homes for convUescents
or -)tjA)r tiv;n for the insane or feeble mindied
7. Priyf.-te clubs or fraternal orders
8. PILUanthropic or. eleejntosynary Institutions., other than penal
institutions
9. 1,,ccessory uses custonarily incident to any of the above usess
and. j-')CAted on the same lot, not invOlviTIC, the conduct Of a
retail business:
There sh!�U be permitted such r$%Cj_ljtj.0s is are required
for the operation Of a. hotel or apartment hotcllo when
conducted :ateentej-ed from 'rithin the 'Duilding,, provided
no windo* or other display or sign on the exterior(f the
buildir4,; is Ilse-, to Idvortize such Me,
(b) Ln this district a Privat'-> garage, acre.-,sory to a one or
tj.jO f,,..,mUy dwe.1611iZo Lx4.y prorlde pj%ce for not more than
one rioter vehicle fear *ach fifteen hundred (1500) square
feet of lot area- and a storage game alay be per.-mitted
S
ao an accessory use to an apartment hous6i Vartmal-lt
""lotell hotel or club. No bas-Imss oceuoition or service
exceut wasiling
Connected with motor vehie'les) I , sh. 1 be
Perm i-
itted ttie aarae provision regardin,,, ccmw-ranitY
garages applies in Lhis district as IM District "A"
MIGHT AND kit:A HEGULATIUHS.
In District "C" the height Of b11ildi"P,,s,1 the mdnim-um dimensions
of yards and the minimum, lot area per family permitted upon any lot shall
be as follows,
Height: No building "hall exceed -Lorty five (45). feet or three
(3) stories.
Front Yards: Any -building hereafter constructed shall provide
for a front yard the minim= depth of wUch 3h&ll be at Least twenty (20)
percent of the depth of the Jot., but ;,ho depth of such front yard need riot
be more `Ahan twwtY (20) feet*
3--de Yards: 3,-a,,e as Dist-.,3.ct including regulatiolis for wr-
ner lots adjacont to reversed frontage; provided the width shall be increa-sect
one inch for each foot of heit,,,ht of building above thirty-five feet-
Rear Yards tije depth of ;Ile rear card shall be at least twFantY-
five (25) percent of the deptli of the lot,, taut such depth need not !)e more
than twenty-five (25) fei--t*
,idt-n of 140tt Game aS 1)i5Lr1ct
L,ot Area -per Family: .0vary building or 'portion of a building
hereafter erected or alL'-'ared j'aaU provide a lot area of not less than one
i.
thousand (1,000) square Eeet per
_L, J,
6ection 9e D11)"� _I GT I'D", (Local Business District),
USL 3WULATIONS,
In District 1101 no building.. structures, land or pruralsez shall
be usedo and no r)uaijing or structure shall Da her after t;recteus con-
structed' reconstructeds or alteredo except for one or isore of the follow-
ink. uses:
-19-
use
1. Any 'errittecj in iastrios "'kts S IIBII or tic"
2* Avemably Halls
3- Automobile parki. lots or yardep other than prm-
4. tutomobile or trailer sales rooris used parts sold
ices where used, vehicles �,,re distvntlOd Or romises
5, Bakeries employing not. Prxe than five persor;P On the p
6. 6gluts
7, Bs�rber an(i B0110Y 1-1hOPS
,jttery stations
9, Bicycle repLi" shops dyei.ne emiPiOYing not
(,,jeanj,ng, press-W,, &nd' or, the prarii$03-s �,-rovjded that Only
more thAn five Persors
non-explosive cleaning fluids shall be used
11. �e ctric �Ufjotations
12, F111ing, st tions, provided &II stuvaF tanks for
.#and
shall j.)e belcw tkie surface Of the gr(
tndividual or family use
1:3. krozell food lockerF for .4. 3 Ar fa-
'h rpges. no rep,
')t tb,-,t in ou Uc gl-
.rsgss (Public),
14. 1
ll be
eilities or activitiOs 511a ined Outside of the bu
ild-
ing or lil i,k�a fr011t Portion of the first story of the building
feet Of !Lle frollt of tiio building and no
witillf, thirty (30) —1 --_1 -11--.1--
body or fender ropsiry sIl be Colulucted on any Prad-
or re.-x to a District "i'" t131; or
jacent at the side
15. (,,arage (storage)
16. Creelil-bou-ses comaercia-1)17 , orage and sale of ice at rotail
. Ice delivery stations for st
only
tom_
five persons on the premises
18. Laundries employing not more
19, rLOrjge Halle
20. Miniature golf courses
21, Kortuari;=Is
22, 01ficom
23, Photographic printing shops
24. Frintin,;, shop$., provided the total mechanical power used in
the operation of such pxn-ati n,- shall not exceed five
horse pover
25, kladio and television --nops or qtueios
26. Restwu.rantu, c,,des or caieter,-as (W.LciucLing eater-
tainnient or provision for stele or cons-t=qtion of lit:iljor')
217, Schools operated as a bLisineas
28. Shoe repair vilops
29, Stjope Irjr cu5tora work, or the manufact-aro of articles to be
sold at retail only on the .Ireinisesx provided that in such
manufacture the total faechanical power Aiiall 1101, exceed tive
horse power for the operation of any one shops aria providea
that the sp!tce occuoied by Mie tasnufacturing use permitted
herein sllsll ilot exceed fifty (50) percent of the tOtPI floor
ent of the ground
area of the entir,,, buildiar, or tare eqAvU
floor area thereof,, and provided further that such laanufac-
A
turine, use is not DOXiOus or offenaJANe by reia--on of vibration,,
noise, oaOx's d:,Iztq zraoko or Eas
30, Signs (advertishng.) when the same advertise only services,
articles or bi-dch are offersd witi-dri. 'U'he buildings
to jji-ilch the sib is attached, or on the premises on which
the si> is located
-21-
31. Stores, shops and markets for retail trade
32, StadI03
53, Theatres or picture shOwls
34, Tire shoot/
35, ,,ceesa:)ry i,se uEtom.-,.rfl.y incident to any of the Rbove
U.Ses, Lricludlng ice and. refrigerttine, pl�,,nts purely inci-
eental to e mail' r,.CtivitY 1,�,ermitted on the and
when oper,-:,.ted by electricity.
-91 PECUIT.J11TICK.S.
In 6istricut ,r," tye heig�1-,t of the bv,ijeIjngs,, the minimum dime-n-
ur 1-t ner t,�ni.jy po-.mlttztid on any lot
y��W.s and the reu.-In
shall be ,4s ^ or ected MlusivelY for dwell-ollovis; provielce th--,t bu'lel'IF
ing ijurpoees SI-z-al COMPIY Vith the fr,,-,rt.. 9:tde ?iV rear yard requirements
of Diatxict �V!.
Ile-*91it- ITo buildine, shall exceed thirty-five (35) feet., or two
fr "DII ioins a District
oxv, --torlat;s except tll�2,t Vr -,r e S- istric 1) - t
"C" within t14, same block., the he-; ght maY be- incre<,sed to -forty-five
(45) feet or UireQ stories e%litIdn tIv-t block.
Fv-)rit Yards: The frout yard Sbzdl b0, ;4t I.cast fifteen (15)
feetl excopt that it neod lf� of no greator depth tban the IePst depth cs-
taj�Ljstjed by oxisting DuilldinL;s Ui a D'L.3trl.ut "ID" %cithin tIv, s, rkt� lb"ocks
j v I.
and except tii,tt -*aere- a portion a District; witlan the same
bl,;,ck and fronts UP011 the Eam- street 1.1ith a portion of a District
or "C" and no-'., lot .,!jth:Li said Llistrict iDn is .)Ccupied by a building with
a X A
I' t*. �IA
grant ;card o--' ess depth th,.Ii th:21 requiru-d '4 , t p)rtion of a Dis-
trict "Bits or ICII adjoining, then in such case the front yard re-
-22
quirements of such ad joining Districts "A"o "B11, or "Otis, shall likewise be
applicable to such portion of District 'T"-
Side Yardst No side Y<Jd Is recuired exce!,A that where a side
line of a lot in this district abuts t4)on the side lin( of a lot in/Dis—
trict "All$ rIB11 or t1c"j a side yare. shall be PrOvided as rerluired in such
TDistrict "A"s 11B it or 11C11 0
1
ear The depth of the rear yard shall be at least twOrty
j, lards: I
(20) percent of the depth of the lot, but sucil depth need not 'M- moTe than
twenty (20) feet, except that on a corner lot no rc-,-r yard Is required within
fifty (50) feet of a side street, unless tine rear lire adjoins a District
11y:tf, or 11011,
�,iidth of Lot: The ziniinufft width Of 1. lot shall loo fifty (50) feet,,
if used exclusivUlY for Me fr,jaily, t-,vt.) faiaily,, or multiple family dwsilings.,
i
except as provided in District uses t le Adth may be less.
e
For other I
Lot Area per Familyi Every buLlding or portion of a buil.cing here—
after erectedp altered or used for dwelling purposes., shall provide a lot
area of no less than one
thousa, M (l,,000) square feet per falajAY-
,.
section 10. LISTI�ICT "h,", (General AOusiness District),
USE FiMUI.IfT101C.
in District vEil; no building, structure,, land or premise shall be
used be hereefter erected., cojistructed.,
,v tj4 no buildlc� or structure sha-11
reconstructed or a_tered., except for. ors~ or nore of the following uses., ex—
cept that FJ11iDZ StLtjons or -,uLoiaoloile i,t�rkiug lots Isiaa-11 not be permitted
in a district deigignated, as tile "Central .,,real' crxl described as follOws:
-23
Beginning at a point in the alley between Ohio Avenue and
Indiana Avenue, one hur-fired (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 IAmar 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 of Jeventh Street to the center line of L"jaar 3treet; thence
in a northerly direction along the center line of Lamar Stre-t 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
3treet, to point of beginning.
1. ARV use permitted in District I'D"
2. Arraories
3. Beer Gardens, Broiling Alleys, 1"ance Halls, 'hooting
Galleries., Skating Rinks, and similar comfiercial recrea-
tarn buildings or activities; provided, hoeever, that
the s<;Ane shall be not less than ti.io hundred (200) feet
from any existing clinic, hospital,, school or church;
a-111d shall not be less than tvio hundred (200) feet from
a District to IICII inclusive,, unless approved by the
-24-
Board of Adjustment under such restrictions an seen appro—
priate bMr con riderct ion of nolFv and c.=ther detrimental
factors rlcide nt to such use
4. ri.,eti-e permitted by Ordt-
5. TA-Iliard HaILIS
Bus :stations
Dog am, Cat, Hospitals
9. NjanspaDer publishinrl PL-.nts
rtv�tions, exee�ot to"r_
a-ld tTj,evislon broadc��Istirgs-
s -re ni,-ht clube
._T.taurantz, CrfOTJ enf
7,torage in bulk Of, or warohouss f^1111 such msteril-Is as;
ClothinE, drugs* d y goods, food, flarritt—ce,, gL-3,ss,, groceries,
Jerclhwzref household goodr llqumr, labrieuting Oilt Millin-
ery, pJnts, palrit mT-terialr, pipe, rubb-cr, t�hop suppliesp
tobkweol tarpentllxie., vrrnlrh,, tnd nwines., w1hers incidental to
sale at retf,11 on the preziisov
14. 7:1holessle S�:.Ies Orj, nple rooms
auLe, sa:
15. ;vny retail bLSIZICSS or ate not included InD) Istriett MP, and
MG1:2 prov1ded thl sue,-, use: is not nc,)Ai:tts t,r
reez(c of vIbrAtion,, rtolses odor, dust., E.I,.010 or has
to any .)f the above uses.
16. _ccessc,ry uses Ojastc).
-25-
RUGHT AND AP AEGULATI UNS
In Uietriat "E" the 4Fd.ejit of buildiPlg t the minimum dil"efsloils
of yards and the Ijbxdmum lot area per family perwitted upon any lot shall
be as follows) pro-,iided that buildings ert-Icted for dweill'16 Pux-POSe5 "-
x
clusivelys Shall Comply with the front,, side and rear yard req re ient 5 Of
district licit.
Height: buil(Ij ., snail exceed seventy-fivt 05) Afeat or six
storieso excopt that i-T! the "Gentrcd realii, eL,, defined aOOvc,, a height of
one hundred ifty (150) feet., or tweive stori(;s, -gill be Pe, a3 ii.f3a.
Front Yards: No front, vard is refpUred., except tj7A-It wwra a
U
portion of 'rict "imp' lies -within the same block Mari frorit
same street itr. C portion of a Astrict nil", '.b".1 licit, or 11T)IIS and ao
- di - with "t yard
by a bil�Ll" LL th & f I-o
lot withinstrict is
of less depth than required in that• portion of a
or I'D" &djuininLl, their in _-uCjj c,-,tse the iront yard req.uirt4nerli,15 OJ: such
adjoining llistrict "A"j; IiBlip $felt,, or I'D", 511nli likavia be applaluabl� to
such ports on of i..'Istrict "E",
Side Yards: ��Me as
r . -.10 rear tear y,_Xda:
'Width of Lot: Same as Ust'let "!)'I
-
Lot irea Pe,' FpqLilyt ��Very- ov,jilding or portion Of a buildill&
hereafter erectool altered or used for dwelling purpowus thall pro-�-ide a
ft-1
up feet, �er fawil.10
lot area of not le�js tiibn 1:ive huciared (50U) aq we
-26-
Section 11. DISTRICT 'IF". (Light Industrial District).
USE� REDULAMNS.
In District 'IF" no building,, structure,, land or premises
shall be used, and no building or structure shP11 be hereafter
erected, constructed, reconstructed, or altered, except for one
or store of Vic fo1l(xk1rg uvest
1. Any use peradtted in District "Ell
2. "Lutomobile wrecking yards, if enclosed within a solid
fence or wall at least sJ--- (6) feet high
3. Bakeries
4. Blacks2dth or wagon shops
5. 2, ottlirC- works
6. Bus barns
7. Cavining ar preservir4r, factories
8. Carpenter, cabinet, or pattern shoj)s,, providec. tkirt
no taechanical po*,er in excess of ten (10) h.p. is
used, in the oneration of -,ny ore irlachine
9. Carpet cleaning establishments
10. ChcrAical laboratories
11. Clemings pressing and dyeing, plants
12. Cold storage plants
13. Crenmeries
14. Electro-plating; Norks
15. Flour -gills, feed mill.: and grain processing
16, i,'orges (hand)
17. Freight terminals (rail,, truckj, or water)
18. Galvanizing works.
19. Garages (public)
-27-
20, Grain elevators
21. lee 4P!,..tnt�
22. Laundries
23. Lumber yards
24. Uachine sstiopsp provideE that no mechanical power in
excess of 10 h. p, is used in tie operation Of �.y
one aLacbdne
25. Manufacture ofproducts su& as: Artificial flowerej,
feathers., places; awni%s; bags; bLackLi.%P- small
boats; bone products; brooms and bru-hes; buttons
and noveltiesi, can(,.y; canvas products; cement pro-
ducts; chemicals ( non-offcn6ive); cigars; clean-
ing or polishing, preparations; clothir.9; cOf' 0
(roasting); cosmetics; cotton seed. peanut ar
a1milar products; drugs or medicines; electrical
signs; extracts.; food products; fruit juices;
gas or electric fixturee; Ice creaia; loather
products; li&',qt metal products; musical Instru-
inents; paper products; sausages; shell products;
siioes and boots; syrup; terra cotta or the huaideraft
products; textiles; toys; wooden ware
26. milk bottling or distribution plants
,7 . konument or marble works
26. Yloving, transfer or storage plLnts
29. Photo engravir4p, plants
v,dpd that no ,,j,,vjc,3j power in c o f
30. Planing rAllss pra
10 h. ;a. is used in tkiv. operation of ETIv one nv- chine
ps (pj,l(r;jnE punchir4,, of mtiterial of
31, plumbing arou lihc-eL metalS�10
1/81, or lc.,,s in thickness)
32, poultry jKilling or dresziMg fer cOx&kQ"O'al
33. priLiting PIUltk;
440
34. Pu6 ruee Laal'ketz5 01- :Lesale)
35, Railroad freight Yarus
ar�nraaac contractors' e.,�u#twntp
36. Salsis kOOMS arld iz�l rd�- 'or f
and oil well s%XPpijLQt;
37. sign painting PI-nits
38. Stables (puUio) or wc.,goI4 6116cis
3�. Stolle cuLtiq, Plailta
40, Storage ill buitc of . or wiirehuuLje Sur,, materials enarserated in
Ij of use for strict PL . arid
9 ch materials as: Aspi"it; ce'alent;
coal; colltractOlV,s
grain; gravdl; grb"86P' 'Jay; ice; l6ad; liae; LgL.ciiinery;
fat roojjj*; rope; S,&Ild;tals; 0,1; piaster; Pou
stone; tar; tarred or u3.,6osotad products; terra cotta;
timber; -Wpod; i'lool
41. Tracks (team loadirl& ol, storage)
42, V#610-,erinarY ttospitals
01 6"l, er to -,��t herein iiste6.,
43. V,anu, 'r c,�,,Irac-
other Uj&n specified in District "L?',, or W
Uaildiiig or ue
not included v4thin D-- strict "GlIs, provided 2:uclz use is r1ot nox-
ious or offensive by reason of vibrations noises odor$ dust.,
smoke or gas
_�29-
44, Accessory uses customarily incident to any of the aDove uses*
JJE1GJJT jtM) 91EA WIVLAITION5
_Un, dl_Men84 OnS of
in District IIFII the height of buildingsl MiniU'
yards and the ainilftufft lot area per familY Permitted upon Lr� lot, ""all
be as foliOWsp px�ovided that buildings erected for dwelling purposes ex-
clusively shall cosily Ath the front., side and rear yard re�uirefilents Of
Di.5trict, "C",
Height: No building shall exceed fifty-five (55) feet or four
(4) stories.
rr6nt Yards; No front yard is required, except that vdiere R
portion of District lies vvithin the same block and fronts upon the
sa.rae street with a portion of a Pistrict RIA% 111319P "CII and IVI,, and no
lot within said Distrlet "F,, is occupied by a building with a front yard
or less depth. than 1-6ruired in that portion of a District "A", viipl$ f{cil or
I'D" adjoining, then in such case the front yard requirements of such ad-
joiYang 1,1strict „AILS 1113"1 }i(;IJ or 'IT"" shall likewise be jpplicable to such
portion of District "Y".
aide Yards a &,s District "D",
Rear Yzxds: The d-epth of a rear yard rl-all, be at iel-,st ten (10)
jeets, f,,xcept that ill E? corner lot no rear ybrd is reouired within fifty (50)
b . rict "0., IIBII or "Ve
ject of vide street, unless t e rear line, ---,djoins -a Dist
Width of Lot: 'District I'M
Lot Area per Family: s-ane as Dist;--Ict
Section 12, DISTRICT "4". (Reavy Industrial istelcst),
USE KitsULAT itti`'i
In ��sta yet "x" no '�oxU lint_°a st7..-uc i,,,j °e, laird or ormises
small be used, and no bull dine, or st r.ue cure uk-Itai.l be, herearto r erected,
constructlecis reoonstruOted or altered except fox one or ziore of the
follownc use8t
1. iLq It-,;a x,(jaui.'tted in 1)ist;ri.t3 , "Y" 4
2. Aumoni al bleacfii lig Powdtir, cy'lemi.c al 1 aint; s
3. As;;��*.L14 works (other �o;ld or A lv*t r)
4. Puto itrecld nt; ar d�,
5. aloomin& or, rolling mills
6. Breweries or aj3tlli.eri. s
`7. Cuter mills
f 4
6. Goal car dumps -
`
9, coil cLsU1L&t Ur. alld b -produucts plants
104 goal 1,10:ist;�, pockets or r st c s
11. Wke ove:.is
12. Concrute or asphalt 11-dxiPI, Plants
13. Coov�'',F e wOI`IL5 r
tott.on inziir. ur balini, works
15. D06 Faurida �
16. &a+;ael..ng wor'43
17. , £%t i p: powcr plants
ants '
1.8, For des
FuLuidries (.iron, Oros:t&e, alirri3.ci am)
i12...des aric; ski ,5 (storage,, uu l.naSsY'., or RI .�<raFaf
21. Japanciin; works '
92_ Junk va.rds. inc;ludi.nrr stor•:ape, sorti.nF, baling or T)ro-
Cox" of raq&Bjf p4j,r or Llet&I
23. Lum,-,er !.ills
24. kaellir-O "OPs
qwufactw-jAF of such products as n 9OhirA as
cash raEistars, typts-izitarb; aic0h'01; &-sPL";
basket materia-Li 0i"rs; broiiic; can$;
au-rbon batterys electric IRMP,5; carboii or IWAP black;
id ar Laater—
carria,ge or wagori Pal-t8; cellulO't " vIx"
ials; clay., sjajv;, and glass prWacts; erf.;osotep-
cutlery or Loola; diainfectdrit., inaecticiceS; dyes;
electrical machinery; furniture; has (Irom coal or
peLroieaa); glass; iroll andsteel- locoiaotives;
L -L screwsp
ao'L.or curs, uJcYclec, a irpleales; "uLs., b0it
etc.; oil clothii linoiew; paiat., Japan# 1"utjr,
oil, turpentim-; varaish, erriaelo etc.; railxay cars;
rubItyar, synthetic runDer, rubuer prWucts; sf'OddY;
soap; atarenp glucose, dextrixi; tar proaucta;
tobacco (chewing); tools; vinegar; v,irje
26, meat or fish packing or stor&Ae plants
2 Motal steAping, shearingy punching works, etc.
7.
28. oil co;nooujjdixW and barreling Plailts
29. ?Ianling MUls
3D . round houses or shops
mil. �-,-_lt - rks
32. :steel furnaces
-32-
33, structural iron or pipe works
34- Sugar refineries
35. Tar Ustillation or manufacture
36. ;ire 'or rod hills
37. 'Wood aistillation plants (charcoal) tars turpmtine, etc#)
38* , oul 8couescouring; worRu
;
390 Any other uses not now or I-jereafter prohibited by ordi—
nance of t-�Ije city of �Jjchita Falls.. Texas/regulal-ing
nuisances,q except that the following uses will be per—
mitted only by aloproval of the City Council after re:fort
from the Fire Department., Realth Department aid Gbay
Planning Comuission;
Acid
Cement, limes gypsum or plaster of ,','aria manufacture
Di still at-ion of uones
f&xplosiye mamufacture or storage
Fertilizer manufacture
Gas wanu.Cacih.-Iure
Garba,-e, offal or dead arm reduction or dumping
Paper or pulp iamiufactures
p(et,roleuhi or its productal, (refiniu8 of
Sm6ltinL of tin, copperj zinc or iron orez
,oil-joleaale storage of gasoline
40. Accessory uses customarily incident to -my of the above
uses,
11EIGHT JID FI-MULATIONS
V
In District 1IG11 the, height of buildings, the minimum dimen-
sions of yards and the minimum lot area oer family permitted UPOn MY
lot shall be as follows., provided., however, that buildi%s erected
for dwelling purposes exclusivelYo shall couply with the fronts, sides,
and repr yard re,uirements of District "C".
Heightt No building shr).11 exceed, seventy-five (75) feet or
six stories
Front Y,�xdsl go front yard, is required,, except that where
a portion of Distr'_ct, lies within the scans block and fronts upon
ACII and I'D"
the saiue street with a portion oflUstrict ",all `311
and no lot wiithin said District IVI is occupied by a building with a
front yard of less depth than reouired in that portion of a District
"A"P?-,B"J`fiGn or "Ll' adjoining, then in such case the front yard re-
quirements of such adjoining DZTHICT "As," t1WIP, tic" or UDII shall
likewise be applicable to such portion of District "U'.
Side Yards: 11-w)B as District IT%
Rear Yards a game as Ili: rict 'IF".
Lot Area per Family. Sa—ze as District "E".
Section 130 SPEOIAL CL�ZSLS,
,Kny of the folio.4 14a �xas may be located in any district
b special pemissiva of the Board
y 1� s, under such conditions as the
board may impose., and after public hearing: provided tb,-A in their
judgment such use will not seriously injure the appropriate use of
neighborii* propertyt and viii.l. coaform to the general intent end
purpose of t,iis ordinance; and shall comply with. the height and
area regulations of the district in which they m,-q be located;
-34-
1, Amusement parks, commercial baseball or athletic fields,
race tracks, circuses, carriivalsl or fairLrounds
2. Aviation fields or airports
3. Cemeteries, mausolemis, or cr(o-,,it,ories for the disposal
of the human dead
4, O"'olf driving; ranges, com-qarcial or illuminated
5. Gun clubsx skeet shoots or target ran6es
60 tiospitalb 'or the insr.-me or feeble rdnded, or penal
or correctional institutions
7. (4uarriesj, miues,, Nand or grave, pits or eyeavations
for he~ purpose of rt�movint,, screeninj,,',�.O cruahingo
mazhinL- or storage of ore., clay, stone, gravel or
similar materials., 14,-,rovided, however, that no permit
bijall be isaaed, until ana unless the site location
and plan of operation$ including necessary structuresq
ha: been submitted to and approved in writing by the
Boards, which i ermit skiall be for a Ili-aited period of
tilue riot to exceed five (5) years
S. !radio Towers under such saleguarkis as the Board may re—
qu:-re
90 'aefu6e dwUps
10. Reservoirb, wellas to-veers, filter beds, or �ater suptly
plants
Ilo Riding stables and tracks
12. 6ewaLep refuse or garbaLe disposal plants
13. Tourist cabin or trailer cmips
14. Buildings or the use of preatises for public utility
,,urpw.m,s or public service ". rporationsl w1hich build-
in�-s or uses the Board deems reasonably ne-cessary for
public convenience or lvelfi�re
L ,IM Section ' ,1- 75ORY USSR59. A drivenTay or walk to pro-
4.
vide access to premises in a District I'D". "ETIP 'IF" or"G" shall not
be pemitted in a District MBII or !IC'If.
Buildin,s or itructuren or uses which sre accessory to
the use -,)emittcje4 in one district shall not be ner�mittad in a dis-
trict of r- higher classification.
Section 15, W- W-CON"UP-r- 1 IMM. P- non-conforming, Use
existing lawfully at the t1me of the passage of this -,)rd1narAce may
be continued exce,nt ae herein.ifter nrovided. No non-conforming use
of hnd shall be contimy#,.d. beyond the, term ending tuna year froru the
time of the adoption of thin ordinpnee unler-Y rueb land be wholly
or martially occ.irlse by nerm-..nert buildlnt7, 6.esignsd
and constructed for a non-c=.-f-ormin7 wzte, In -- M!Ariet "A" or a
District "B" no non-conforming use of a buil-ding., designed nnd con-
structed for a conforminp use, shn1l be continued beyond. � term
ending one ye,-,.r frain the time of the adoption of this ordinance,
except by authorizr-ticn of the P oard of Adjustment.
Vat lawful use of f-w building existing st the tureen of the
passage of this ordinance msy be cortinued,, althou,&t such use does
not conform, with the prov-i_stoftm hereof, and such use may he ex-
tended throughout such portions of the building as are amang_ed or de-
signed for aucA use, provided no structural alterationis, except
-36-
those required by law or ordinance,, are- .:.Iftde therein. If no struc-
tural alta.-ations are i:adej, a 1-jon-conforminf, use of a buildinc 'may
be chizt6ed to another nori-conforming use of the ssme or more re-
strict4fid clasaificatioll, If such non-conformint, building is re-
moved, tht; futur" ut,,e of ,uQh E.xeuJsee shall be in conformity with
the provisions or this ordinance* In the event a, non-comforming
use of any 'Juild'ing is (jiscorLtinued for & pc-,riod of two (2) y-ears,
the use of the seine chall there,-%fte.r conform to the ProVisions Of
the Astrict in vtdch it is located*
non-conforminp use of changcd o a cord'ormiag use or more
restricted$ non-conforming use., may not thereafter be changed back
to a less restricted use tlian that to which it was changed. If by
amendnfmt to LhIs ordinarice any i..)ropurty is ueruafter traiisferred
to a more restricted district by a change in -Lhe dist.-Ict boy irwar-
ies, or the re6ulatlons and restrictions in any district are maa#
more rqatrictive or of a hi(,j-ier claysificatilon.. the provisions of
this ordinance ri:IaUnC- to ',4e non-conformint, use of buildings or
premises existing at the 41-ime of the pasa4,e of tids oriiiaancej
si-jall to buildings or prtmises occupied or used at the 1.,itae
of the pusdaqe of such
0
Repairs and altuzrations Cady be raz!Aie to a non-confirming
building,$ provided that no structural alterations or extensions
shall be mado except those required 'by '.Law or ordLance; w-aess
the building 1,3 chani:ed to a conforming use.
_37—
.AZT jigna and not culforaing with tills urdi-
riance s.hall be reaovod witain a -Pari0d, Of one Uj year from the
4-ffectilrs date) of tliL, ordinance.. e ,,eept that nor&conforiUne, !3igns
s,-,eCjfjCaj3,y describing the business or liatux" of a aorl-ewif'o-Miing
building., sti-an-Lure, or usc on t4e sLiw P-vQiLLiSQe lU4 -4alntaixsa
durins, the lawful lifetim' of sucli buildings structure, or use.
OF I�MTIIW, BUILD-
LM. Nothing herein contained shall r044itv-- &n 01 'L 6 in th
construction or designate 6 use of a building fur wnioil a buildire.
permit h"tz been trareto.-fifure issued, aiid plans for wAicki ar:; oil file
4 0 x CLL IU 10
with the Iity I-Ingicieer at the tiiwk, �,14 tine P&s6&6Q- Q.'� Lis �' r a
ithe.- canenave teen aili-
INIld the coratruCtiOn Of wl_,ict' ii
gently prosecutcal within oa Year Of the date of such periait., and
the groum stord, fr4iawwork of which, jijclud.,rlg Lac seccr�tllfjr of
laeams, shall have buen cojrpjettsd j,ltjLjll such yaar zadwidc�i tint-'ire
buildint, shall he ca*:Lcted,, zLccardiI*, tip such laiis as "iO6,
Athin two years frw the (late 01' tie pa__Bade of Uils ordinarice.
Nothing in this ordinanea zstmll be to sell to prevent VAs
A.I.3 ex
restora-.-Lon dust U tend of
not more tl',arl severity-five (75) percent of Its reasonable V.aluO.
(to be icQtcrwiiied br t1he Board of ..,.,,cjjucta_-at) b-i fire, explosion or
,my i Ij ne nor the cont in--
cazu&:Lt;r., Or Uct Of Or tilk� Pub" -c e
ued occupancy or twe of such building or part thereof which existc;d
destl.uction, but any bui-I zip
at II-ne time of such Partia.L airg ro datr
,aore Van seve-11ILY-fivc (75) percent of its value niay not be rebuilts,
repair de ar used unless it is made to conforra to all reguLations for
buildings in the district III whicil it is located.
The �rovisiona of this ordinance shall riot a;I pply to pre-
vent the extension of any building, existing in any district at the
aurae M the adoption of thl,-, ordinance,, to the height, to which the
Aalls, foundation nna framwitork of such existing building originally
were L-itended, 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 corwenced within ten
(10) year& from the, date of the adoption of this ordinance.
--------------
Section 17. HEIGHT aNL iiRLIA LNIzFTIG&S. The regulawtil:)nz
and re(,uircments as to height of buildings and area of lot 4rich
may be occupied by builciDgs, front yards, side yards, reer :v,ards
and otter regulations aaQ requirements as establithed in the fore-
going sections of this ordinFaice, skiall be, subject to the follao;ing
exceptions aria additional regulations.
Aeight.- 1. In District-)"A",, "Bo.. ItCO0 I'D" and if!'
pub-
lic or semi-public Wildings., such as hospitals., Jaotels,, chuxches,,
sanit.-ariuws or schools, either public or private., where permiited,
may be erected to a height not exteedia� seventy-ilve (75) feet,
provided that such buildings shall be set back arya additioilal foot
on all sides for each additional foot that such buildings exceed
the specifi6d heigl4t Urait as establiapwd by tae regulations of the
district in which such ire situated.
'i uated.
,,s
2. Dwellings hi Districts"All A "B" and "DO may be increased
'Le lkaitatI
in haij�qjt not exoeefiing ten (101 feet in addition to ona
of two and one—half stories, or thirty—five (35) feet,, as prescribed
in juch dLstr,'_"cts' -,lovicoct that two side yards of rxt loss than fifteen
(15) feet ii-I width, eacil, are PrOvicled- ki no case shall such dyfellings.,
however, exceca tnree stories in, hei:`iit.
3. Parapet w,-dls ana false warisards sha-11 riot extend more than
toy si,- -' At. Vlap ys., cooling, �ers(6) feet above the 1,,eight 1.4.1 poies 0 chimne
electric display sipgrx., elevator bulkheads, pent houses, finials, gas
tanks, grain elevaters, stacksv silos, storage towers, radio towerss, or-
namental towevs, monuwente,, cupolas,, domes, spires, ntmdpipes) and ne-
cessary iaeclianical appurtenances maY be erected &a t-j he4lht in accor&ance
with a;:Jsting cy, hereafter adopted ordinancezz of the city of _id.ita Falls.9
Texas, except tht-lit in Districts "All amd' "B" no radioierial support shall
5.
be erected wore 'k'haa five (r) 'feet above the liaight of such
distr-icts &L4 ia no ever et, s 0.11 cite-nd =re ti!t01 five (5) feet :Love the
ridge of a roof.
4, OL throuf,.,h lots one hundred twenty-five (12_25) feet or less
in depth, the heiZiit of a building i�y be leasured from the curb level
of either street. Cn through lot3 of i4ore than one hundred twenty-five
(125) feet In wptho tree height regulatic as for the CtMe-L, por.,Atting the
greatur height, sheLIl apply to a depth of wt aorc than oir, livaldred twenty-
five (125) feet from that street.
rrea per f:zily: 5. for auiy building used Jointly for business
ax.6 dv-relliz� purpose;; or industi7 and dr-elling 'Purpones., t,4e Mwiber of
faii,ilies permitted by the lot area. requirei-iients ppr faully shall ';,c re-
-40-
duced in the samc proportion as the floor area devoted to business or in-
dustry bears to the entire floor area oiC the building, provrideQ that floor
area below the First fioor of ;such buil.Ung :shall riot be included in any
calculation under this provision.
6. For any building providing jointly i�or hotel and apartment
house uses C.he lot area
�, the number of J&qCllies permitted in apartments by '
requirements per family ehall be reduced in the same proportion as the total
floor area devoted to hotel or non-housekeepinf, rooms bears to the total
floor <xca devoted to both uses.
Yard :�xcaptiona* T, In i"istricts IIA",, "B"0 "CII, or IT"O w1here lots
comprising forty percent (40AI') or more of the fronta6es on the same side of
a street between two inIi,,jr3ectin4,,.1 streets, (excluding revorse corner lots)
are devijloped Ath buildings having front yards v�itj'O a variation of not more
than ten (10) feet In depth, the avora6e of Each front jards shall --stAblish
the minimum front yard depth for the entire fronta6,et except that where a
recorded plat has been I'I'led sho-An6 a ,,etback liLlie which complies vjith the
require�aantd o: tChia ordinance, yet is Leos 1,(ioa the established setback
for the block as provided above, such qctback lino shall arplyp provided that
the Board way , eriait variatons in ewe of hardshipj, or where the configu-
ration of the ground is such as to ate conformity vvith tLu front yard re-
quiremeat,8 impractical.
b. Where tu,, official :Line '.-,as been established lCor future widening
or opening of a street -upon which a lot abuts., then the width of F_ yard shall
be measured from such official line to the nearest Line of the building,
9. i*elliu6s or aptwt.ments litay be 'built in ;gaups about a place
or court with their rears alljacent to a side lot line . provided that:
Tht side yhxd sljL,11. t)e incre.?xed b,,- one 0- foot for
I jrji; abuttii4,, thereon or one (1) foot for each
apart�u,mt entrarice 01- 6"it abuttirqg thereon.
(10) Tile width of t4e place or court 6hall not be jess than
tlwce (3) tiULefj tha oidth of try: sicie yz it as required
aboviwp and -where a is provided in riuch olaoc or
tije wi.dtfli of such roadway shall be in addition
to th'-,t �ilowed above.
(c) een build—
I Q O.L ten (10) feet sra.L,L be uilowed beLv.
very pLrt of ;i m.,alred yctrd w court silal! be open fr=
its owest Point 0 t,,8 sRy ,u.wbstructerj., excez*, for the ordi M�ry pro—
jection o-L" s1llsil belt courses, cornices, ct-ifYineYB2 buttressee, ornlqm,-ntal
aiLd eaves; pro-vi-AeUp hovevtrp tjwt of the above projections
inc�*s aor into a ad
shall extund iii10 a court sire Ulan six U
ard raore thall Went'Ifour (24) inciie�i, an(! provide(�' iart!,,er that Oolez,
i,
balconies L-.nd story porches -xith three unanclosed sides may project
into a front or rear yard not to e-xceOd ten (10) feet; and proviAd that
x,ithin fi-ie (5) feet of the street %Ul a cornice mpiy project wt more
than threc, (3) feet into the site yard.
3.1. i-in open fire eecape protect into a reciuire4a side yard
not mare than half the width of such yard. Fire escapas., solid floored
bplcoaiet and enclosed cutside stairwpys incty PrOI-Ject mt ,ire X'han four
(4) faet into a. rear yard.
-42-
l-, in ally district, an accessory buildin�v not exceeding twenty-
four (24) feat or two istorieu in hei&Utj, Or in va4 case not hasher thm the
main builain&x Rjjjy occupy lot jacl-e t4an ti-iirLy (30) t;aivent of a rear yard,
a
to inclua,va.0 if Such bui.1dix%, 10 TIO'Lt, more
except that in DistrIctU "'U"
than one stony or sixteeri (16) fet-,t hi6h,# it :Waxyy occupy 'orgy (10) en t
of a rear y ara.
13. bu,.1dillbs in astricts "E" to UG-0 inciusivej, k),Fje" whol I y or
partiaily' for buainesa or incwsLlrial purposess neod not 11-,rovide a side rardj,
provided triat portions of such t)uiiuij&s -Ajjch axe desigied or used for
duelling purposes Finall provide on arw Cl or, in addition to the front
and rear yard re quireiaeittt j, oport dPacG GOuivalent 1,0 the area of aide yards
for buildings used wwlusively for dwelling purposes in the district in
which suer building is situated. such opun apace may be in :;he form of
additional front or rear ,,ards or one or more courts operiing to ;,Ae street
or rear yard: provided Lhat
(a) i4o court 6iIaU Ilave a width of lcsa� t,hnn ten (10) feet,
nor .leaps than one-fourth of As length; nor a widt-iri-
04, jeLib tilan two and one-half (2;`�-) inches for each toot
J�
of he: rfit Of the courto
(b) That the vicith of aiiy- portioit of a ref-mired side yard
as .)roviuw.1 in 1,1lia Or%al-IL-11ce may be considered a part
of ,such court.
14. go rear yara anal! be rewired in Districts
C,usive c)II any lot used for busiziess or industrial purposes., the rear :Line
if which adjoins a railway Aght of way or which has a rear railway track
coin ecti�rl,
-43-
15, in computing the depth of a rear and for an ,where
building
such yard abuts as allail Oae-half of such alley Mal be assumed to be a
portion of the r�-r Yard* re buillaings on a( JO.LnjDg lots,
used ox-
16. In arij distlict yard recaire-
zlcie
-
clusively for dwellix,-g lmrpo`1020 do not coj)form to t1W
entc of this OrdirwInces the i3oard ;Aay Var.V. tilfa Sjua yar a
m
three (3) feet to tine
providad that no buildillf, racy -De Uailt W,,r.r -than
ide _L,,)I, line end
provided tjj�-,t Lhe width Of -Lh,,, buildirig al 1 O%,ab.Le older
-
not 'oe incre"se'(19
the -re of this, ordin4r
The owror or owltrs Of any
E,eetion 18. CCAWUllr,�y UNIT L,J4. Sub-
t ;�,,ct of 1_,?.r wrisirZ an area of riot leas thtjr, ten(10) �cre 5 .aaY
r _d com- ta Falls a pli�,a fur L4i�� use and
-Itv Council of the city Of ic1d'
mit tb the rfhe develop-
developmni, of all of t1w, tract of land for dwtlI1% 1 urposeg-
e oity Plan COMMI',Ision for study aild re—
ment -plan sh,,Il be referred to the , 581011 approve's the development
port and for public hearing. If the Comm' r
plan., the. plan, togethcx witb 010 reco-waandation Of t shall
to t,,,e City Council for consideration and approval.
then be submitted Cot1jaission 'be accompanied by a report stating
of th
re and pecific evidence ?,nd facts
the reasons for approval Of the P-:)P1'C'9Lt'on pollowing conditions:
show-ing, that the Proposed community unit plan meeLF the It
10 qb,t property adjacCnt tc tie area included in the Plan will
not be adverselY affected
2. That the PI-01 is C,3,1s4-stent with the jnta,�e� and purposes Of
tAs ordim-,n0e to promote public hepithp safetyo morals Or
general welfFre
-44-
3. That trio buiidir;,;s shali be used orily for single-family
dviellingis, two-farally &vellinF e dwellin s,,
.,,s or multipl
and the usual accessory uses such as gpragas, storaFe
space and community incliidinv churches
4. That the average lot ,,,.rea, ner family contain 6 in the
site, exclusive of the i:rea occupied by strepts,, rill
be not less thin the lot e,:,-ea ner fimily r9cmired in
the district in rhich the development is located
if the City Council approves the plan. 'building permits and
certificater of occupancy imay be issued even though the use of and
l-
and the locetion of the bui]-dinu to be erected in the area. and the
yards a& open sp_!,_cer- contefl-,lated by the plan do not conform in all
respects to the district regulations of the dj8trict in which it is
located.
Section 19. OFF STHii,ET PoRKL,-i- jotilLiG 1"ULAIU&S,
For all one anci two-fodly dwellings
hereilfter erected, converted, or structurall-,- Uteivd., provision shall
be made for parking of jwtor passsneer veUcles ior the use of occuparitsj,
either on the premises or In a COA41Wlity g6XL�Rrb Ill the "418 block., Such
narking shall provide s ace for one vehielre for a ach family unit.
Parkin�.. for iivartinent6 and ,I�ultjpje Dwelliggs. nor all apert-
ments or multiple dwellings here,-IM;r erected., coi:verte6 or structurally
Altered, provision shall be msde for the storage or parking of wtor
passenger vehicles for the use of occupaiits either on the premises or
within one thousand (L)DO) feet. One parking space sha'll be provided
for each dwelling unit.
np _45—
f,
karkin x i,or ilaces of As amb1;7, ii'or ever;, structure or part
thereof h¢re aftt�r eructed, converted. or structural-Ly alteared, to be
Uzed dW %i theatrt3, u t4torlwu, stadLLaa, 01- otaer p-Laces Of Public 68-
seziblys "CePt irc IdIntrict 11u", t.`<ere silall be provid6u and �.ja.ntr.Ined
sc�cera ible off-street parking apace for sjhe stor€%e of „rotor vehicles
on the basis of one vehicle for each ten seats of the total audience
aaa,ti up, cspacity of 'the cuildin9y structure or mart thereof. Bauch park-
in shall be: 10c.a`ted on the s me lot with such duiluing, structure or
,
part thoreof or ."t1J.n five hundred (500) feet thereof. churches
shall. be eyeWted fx�osfl tku.s proeA si on.
T`:tj.ri
?ir
poi' i�usi�iees Buildings. txy business bui.luing here-
of ter er cted., or structurally altwred. in Distrist "bu S
shall provide accessible of j-stx°ee:t parking at the rate of one parking
space for each two hundred (200) square feet of floor area ir, uhe build-
1., da.z1 ace for urine ss und Indust r. Any business or in-
dustrial. bua.]I_�.:Lai 6 her€=a.fter erectod, corivsrtedi or structurally altureci:
it wV Ustr et, shi3li- ploviue adequate off-street f'acilitics for the
lc,adixi and utilos� �.i1 o rierchandise anc goods �hithin or ad�j�car►t ,�
the: buil"ditrgs, ill such ra. wwer as not to obstx*act freedom of traffic
move itie nt on Utic pudic streets or alleys.
-46-
section 2D. LNWRORETATION A, = PURPOSE. In interpreting
and. a-pplyir4-r, the provisionE 0' t,-Ii-- Or"WIc', they Sha)-1 be held
to be the n),njraum reoLuiremento, f0o-,- the ProrA`otiOr,. of '.zee llealtb., saf'-
It is not, intended by tAs ordinare
ty., mora-s or Eeveral Welfi�re-
o imoair or interfeM with
to repeal., �-bro--��top Annual or in Way 1,6-aY
C,
,,11y cyAstingy, proviriol-us Of laj or ordin,,:jice or Yu-jy rulas or rej;ulla-
t:t)w! previously adonted pursuant to law relnting to the Ilse of Wild-
ings or prerrrtises; nor is it intended by this ordinp.nce to interfere
A amints between narties;
)rf)gj,te or ,.rnul :)ny ease�v. �nts of covr
Providedo ho.,,icver, that where this ordinance im)o es a greater re-
s or preflli8eb than, are unclosed by
111triction u', on the use of building
such e-,detlip-pravif:ione of IA-V or ordia,�:nce or b-,y such rules ()r r�gu-
or at_r6ementsj, the pro-visions
1p,ti,ons or b4 ruck covenvnts,
of t1jis eh,-,Il control.
LA
tirle to t e'
Section 2-1. 11,"ENDMINTS- 'f119 1fi&Y 2' f'v I�L
or, its wwn motion or on petition) after public no-Lies j;6uc., hearings
hur44as wo(111Y or re-
peal as ,rovlded hereinp amen6j 9111TI
-c: 't10 ' &,,3 tiereia and may
peal the rsulrtions and i -,striC TIS
tr.lct or eytend, the boundarterl uj� tj,c_ val,jous districts es-
chanee, res
tablished, herein. Before taking ,,ny &Ctior, uer,011 arlY Pruj,Os eo- awrdment
modivicatiOrlp change, restrict tor, or the salmi she-11 ",)e re-
ferred by tfle v r,oulle-L to the C;jty ijArmi,16 �oajajjssion for report and
recommendation.
-47-
In case,, however., of a ,protest akainSt t3uch change.9 signed by
the owners of twenty (20) percent or more either of the area of the
lots included in such iXOPOsed changes or of those imaediately adi ac ent
in the rear thereof extending two hundred (200) feet therefrom, -r of
those directly opposite thereto extending two hundred (20U) feet from
the street frontage Of such opposite lotso :such amendment shall not
become effective except by the favorable vote of three-fourths of all
members of the City Councile
ljo action on an amendments chang_e., 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 tile time and place Of such
hearing shall be p-u't)lished in an official paper,, or a paper of general
circulation in the city of WicUta Fallsj, Texas,
Section 22. SNF0jjCERaT* It shall be the duty of the City
ji;ngineer,j or any deputy or inspector working under his directiolljo to
enforce the provisions of ,,his ordnance and to r&luse to issue any
permit for any building or structure or for the use of any premises.,
which -would violate any of the provisions hereof.9 and 1'o c�vuse any
building., structures, place or premises to j,)e inspected and examined.,
and to order in writing the reluedying of any condition found to exist
therein or thereat in violation of any provision of this ordinance.
In case any building or structure is erectedo constructedp reconstructed,
altered, repaired., converted or maintainedj or any building. structure
or land is used in violation of this ordinancep said City Lngineer
is hereby authorized -nd (33-rected to institute any appro-priate action
Or proceedings to prevent much anlaWfill er CUU O , cons tructi.oi,12 recorl-
struction, a,11terntion, repvir., cojiversion., nAntPn,7%nce, or unc$ to re-
streims correct or abate such violation ;nd to prevent the occupancy
of s{Lid building, structure, or L71.nd.j, M" to Provcnt any jlleg,'l act,,
cor,&ct or use In or shout [,uch rTetxisas.
Fection ?17 . '.,NM PATTV," OF
Vhe Bo-rd shpil- noont rules it eFccord,--rjce with the -rOvisiorz Of this
ordina nce. Meetings of the Board sh,,jl be held at the cPU o1l' the chair-
man and at ructl other tires -is the ','-'ioprd &,-.y deterlm-Ane. such chairman
or in his absenco the -ctin, chairjrA.n,, may adaini$tpr opthe -,Md cmPel
0,.. 13_
the Atien&nce, of -wit;-'ers )f the !3o;,-rd shall be open
to the pub Voceedings, shou-
The Board shn'll 1�eOP Winat0s Of itp I
Ing the vote of each raorbRr unon each '.UeSti0f',, or if absent or failing
to vote, indicatiny such fact.9 and shaj-1 keep --kicoras of Its ex&Mina-
tionv �.nd other offlci�:l actions, aij of vihicrti 5'liall be, J-MMediz tely filed
in the office of the BoRrd, and shril be a pub."Lic record.
Anneals to the 'B,.)erd nay be t'-.1an by a.4 )erzon ak-,i,:;rieveQ
or by P-,ny off,i(.-er, dep_rtaierit, bo rd, or 'QLurcau of tim
affected by any decision ()f the adainiztrativAe- u.L"f.106"- 6uch appeal
shall be taken vithin a re,-soiv-,ble tLne., as pr(.;vided bar the rul3s of
the W)ard, b-y film with the off A-cer f roai Y,hoa 1'j,e appeal is taken
al tha grounds thereof.
and with the Boerd a notice Of aP'�V-
The officer frrra whom the appeal it taken sha- U iorthwith tranarlit to
the Board all th-F,' pePel's col,j,4 thi� action
,tituting, tho record upon Which
appealed from was takfn-
-49-
An appeal qtgys all proceedings in furtherance of the action
appealed froms unless the officer from whom the appeal is taken certi—
fies to the Board after the notice of ap,pea i' ed with
l shall have been .1 il
him that by reason of facts st;-,.ted in the certificate a stay woulds in
his opinions cause irwAnent 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 interests and decide the same within a real3onable tirae. Upon
the I'learing any party Ynay appear in Person or by agent or by attorney,
The Board shall have the following powers:
I* To hear and decide appeals where it is alleged there is
error in any orders requirements decision., or deteraination !-aade by an
adxunistrative official in the enforcement of t'his ordinance.
2. To hear and decide special exceptions to the terms of this
ordinaries upon which such Board is recuired to pass under this ordinance,
3. To authorize upon appeal in specific cases such variance
from the terms of this ordinance as will not be corturary to the public
interests where, owini, to special conditions,, a Ateral enforcement of
the Xovisions of tUs ordinance will result in unnecessary Iiardships
and so that the spirit of i,liis ordinance snall be observed acid sub-
stantia-1 justice done.
-50-
4. To grant a permit for a temporary building for commerce
or industry in a dwelling district wUch is incidental to the waell-i19
development., said permit to be issued for a perioa of not "Wred twin 1.t4iO
years.
5. To permit a transitional use outtiieen a Uuaiuesa arLd 4well-
-
ing district where the &we of a 1,A in vist,,-iQV, "A': Or ar;ut,., upon
a lot zonea for business or in4usxxial pupposes as foi-Lows:
(a) On a lot in District "a" w"CIA sines UP011 a 10t 4011ed
for business or industrial purposess tlik,, Ward aay
permit a two-family dwellifig.
(b) un a lot in District io,- It4air.;I, sides upoiI ji, lot zoiwd
for business or inaustrial purposes., the Board way
permit a four-fairti-Ly dwOLUU9.
(c) Proviaed, iw-weverp Vhiit is Lw case Bhilll any transi-
tional use have a width 01 IAQVO tilau Wit halldr"
feet.
6. To grant a permiL for tile e;&Ien&,ioU of a ire, height
or area regulation into an adjoillir4; diat"ictp wfare thy: Lnouml:ary line
of tae ai8ti,ict divides a lot in a single ownership at the titre of the
adoption of tids arLdnaiwe.
7. eermit as an awLlliary asep a parkit area for passenger
autowobiles on.Ly,, on a lo-k. or IoL6 in -11stricts "11'1".s "B",, or "CP thich
adjoin a iot in a district to ul, incliisive,, for use by customArs
of neig arkLr�,, i'j�wl�ing business provi �Ingr cuch ;,', a de-
veloped as fullovis:
_51-
3uch area shall have a permanent paving and shall be
properly enclosed with a fence., waU or other suitable enclos-
ure., to be approved by the boards, having a height of not less
than three (3) feet, Such fence$ wall or enclosure shall be
maintained in good condition and observe the required front
yard regulations of the district in which it is located. No
parking shall be permitted within six (6) feet of an adjoin-
ing lot in a District "A"O 111311 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 "A",
or lt�;"*
io deteluine in cases of uncertaintys the classification
of any use not specifically enumerated in this ordinance.
In exercising the above mentioned powers, such board iaay re-
verse or affims wholly or partlys, or may Taociify -;he order,, requirement
decision,, or deternAnation appealed from and may make such orders re-
quirement, decisious, or det(nAination as ought to be -'aades and to that
end snail tiave all powers of the officer from whom the appeal is taken.
The concurring vote of four inemoers of the Board shall be
necessary to revs:rse Lwy order, requireraento decision, or determination
of say such administrative officials or to decide in favor of the ap-
plicant on any matter upon which it is re(.Aaired to pass under this or-
dinances or to efiect wW variation in this ordinance,
-52-
Aqy, oersc)n or o ersons j, Jointly or severally aggrieved by
any decision of the jY3oFxd., or any taxpayer,, or any officero depart-
went, board, or bureau of the MUniciPalit"i my rretent to a court
of record a petition, duly verified., settjnj! forth thl.t such de-
cision is illeg"ll, in whole or in Tart, snec,-ify Jrir the prounds of
the ij_j_p_ality. etition shr 11 be presented to the Mart vd-th-
in ton days after the filing of the decision in th(� office of the
Board.
Upon the p rose rit ation of such netition the court, w-,Iy allow a
writ of certiorari directed to the Board. to review such decision of the
.
Bo,-,rd and sha, 13. presCT'ibe therein the time within which a return thereto
Must be -T)ads and served upon the relf.itorls Attorney, which shall not
be less than ten (10) days and may be extended by t' e court. The al-
loviance of the writ shall not stay proceedings unon the decision appealed
Pram, but the court may., on &ppliep,,t. and on
l.on, on notice to the
due cause shorn, grant a restraining order.
The Board shall not be requirod to return the original papers
acted upon by it, but it shall be sufficient to return certified or tworn
copies ther-,of or of such w. rtions t_"renf as ms'f be CA'ALled for bj such
writ. The return shall conciselY set forth such other facts as muy be
pertinent and mmterill to show the grounds of the decision al;+eUied from
and shall be verified
if, unon the hearing, it sha-LI appear to the court Tciat testi-
Imny is r-cessary matte�rt it way take
for the ironer disposition of the
evidence or appoint P referee to take such evidence a6 it mEY direct
findings of fact aud coliclusions
ialnd rerort the 'Same to the court with kits
of law., wtaeb shall ccrstitute .9. ppr,(. of the rProceedinge upon 1rhich the
determin&tion of thee court rhall. be made. The court rrlx..y reverse or
affirm I.,wholly or pzirtly, or maj raodify tie decision brought up for re-
view.
Costs sh�,11 not be iflowed. zigainst tha WC.,rd unless it ShaII
z-ne,-,r to the c,)urt ttPznt it ; cted With Bross Degligence, or in b,-.d faiths,
er with mslice in waklrr the deelsimn Pnpe=�led from.
'All issties in Rny ,roceeelxir, under this section shall. ',hays
preference over �zll oth"r civil actioml and proceedings.
7ection 24. VTo permit for the orectIon, alterp,
tIon, constructlon. reconstruction, coriverTion, use or ;a,-Ad n-
ten; ncm -of any building., or the use of any premises shall be Issued by
the City 71'nrineer unless there Ehall first be Lled in hir, office by
the ap-)II-cnnt therefor, a Plan in du,-Ilicate, draV;n to scale, correctly
shv-,Ans? the locntion and actual di-nensions of the, lot to b-e oocupied2
the dimensions and locrjtlon on the I of of the build�lng to be erected,
altered, moved, constructed� recor,_-trufttnd, convort.ed,, used or naintn-Ined.,
with :neasurementF in feet e-rid inches fron, fall 'Lot lines, to all founda-
tio,j jjne�, of the building., together with n true F.-t,-Ae'm'entj in
sip,ned by the applicant, showinp, trip, iisn, for v.-hIcIl"I auch or
preaiises$ is &rvanged, intended or designed,, and the jocati€a end di-
mentions of all accessory build,J.ngs �r strncturess end no perm"A shall.
be issued by saki City Engineer ualess such O.-In shall show in all de-
-54-
tails that such building or structure is to be erecteds <Jxteredq moved#
conotru,ctefil, reclolLstrilcted, convertedp used or ian-intained, and such
premises are to be used in conformity with D,11 the �Tovj.,,:,jorw of this
such :jppV-cations anc� plans shall be kept i n
ordirrince. i� record of
the of f ice of the City j1yWin(-er. of -Iny jinplicant or of his
, A
its, strvpnt OT ructo recoil-
to erect, p1ter, iro-ej c,,q ' CM0 10yee ons
,aintr,.!.n any' buildirqs, structures or premises
struct,, convert, two, or I
in conformance wit(1 sucl: PLIns On� which rntiol'. nermit Is issuedt when
--(�v, -,;on. -t, t, r, ordi-
ny 0- the such failare corlstltuteS & viOl��tiorl of "
nand , shall reader such nernit void, and the C.jt,,,T. �`'ngineer is hereby
authorized ).rxl directed. to revoke Any such --sermit by rivinr?,' "fritten
r.tv or loYees arm all
notice to the applicWlti Or hi: serva
viork ur-or silch bulldinFs. strantureE, or prf rairer shall be ixr*diately
ur t,jl such bilildings, struC,
orl tYv. serving, of !�uch nOtig �j
disco-'-timle
g ed so ps to comnly with such PIE-ns and
tures or rremjsc� shall be Chan
permit.
Section 25. rT1T-T1F1CATF OF'
,y. tjo vnegAt land shall
be occupied or used, Pxceot for apricultur,,l nsem, 9,nrl, no building
hereafter crect,�,d or PtructurpllY Plterod sh- all be occupied or used
unt;-1 P- certiflcnte, of occ,10pney shRU hAve 'been by the Vil-ty
C ertificPte ref (,,Ccun,Incy shall state thpt the building or
I I
proposed use of � building or land complies with all the building and
her Ith larr and ordinarcee., and with the orovisions Of ttiese regula-
tions. , record of FITI certific,"tes shn.11 be kept on file In the office
of the City r4ngineer) P.nd copies sttw.11 be furnisi-ted on raqiusst W �d'Y
person having a joropwletary or tenancy interest in the buildiM, effected.
-55-
no perm:Li, for excavation for any build"xw-, shall be Issued
before p,ppl.ieption. h�-,,s been riade for certi.-CLiefite of OCtXdpency'.
Certifloates, of OccunancY for L Pui.16"Ll. Certificate of
occun.nncy for s new buildit'E, Or the 41terjFtion. of" art W-dstixig building
she,ll he applied for 111 I'Titing- coilnci6eat the apj;ljcr-,tic: for a
building permit, ind shall be, iv-uod 41thin ton (10)) days after the
or part thereof sh,-,II- have been
erection or alteration of such buildint-,
completed in cojjform�jty vAth the rrovicAons Qf these reguletion.s. Pend-
in mp ar certificate Of
a the. T-saance of a rep,.ular certificate icate a te- Or Y COt f
occu,oancy may be issued by the Insnector of Bvild1y-C�'s -'Or a period not
exceeding sly- (6) months, durin- the C-o-
-u Q .' ni)Jeti( n of or during,
partial OcCalorincY Of 0 building a
?, ending its co,�,,,,pjetion. such tempor ry
certificate sh4a"J.1 not be construed. as In any vi,-..y alturin.6 th,; respective
ri.7hts, dtities or obliorA.I.ons of thf; o?n-rars or of the City relatiji-C to
the uce or occu--,ncy of the nrelmj es., or ,,my otter.-r ,.r,tter covt,red. by
this ordinance, ane.. such tev-1-ornry ccrtific4-te shnll not be U&ued ex-
cept tinder such restrictions and �)rovil-ion-i i s -will adequately insure
the safety of ti-te occupants,
Ce-tif JcRte of nceunp.nay- for L,-nd.- Certificate of .OccuPancy'
fov the tire of vPC,'xnt land or the chr,,w-," in the of the use
of lane, Fs herein nrolri-der , sholl be -A.1)p1jed for 'before -e.ny each Lsnd
shs11 be occur A ied n- tired entl a (-Prti f icate of occuP,-MCNr shall be issued
a
within ten (10) dpys after the 10V)jAcj?,t1,on hr,,s been iaadej, provi S ed ch
ule is in conformity with the )rovisions of there regulations.
-56—
certifi%MtO
Car,ti
nor,_conf orminf__-, uses; on
Of OCCUI)aac� slaail be re,�uirad. A.
for certificates Of occup,-incy for non-ConformiAg !'"s shall be filed
f-ml, effec -4to o b -1 0 d 'a
iv f t A., rUn n
within twelve (12) monthE 't e c3.
occoxparlied by affidvvit$ of ,.roof thit sue' nin-conforming use wns not
established in violrtlon of this ordin, ,nce-
-ecti( n 26. PFNALTR j z "m, firm or cor.poratiolt Ubo
`S o' . �r W - rson, I
violate's-S dirobe,,vrj o�aitsj nep,,L,,CtSj or refusns to comply Ydthj, or who
resists VIP, enforce.,-,rnts of nny of the -rovisio"ris of this ordinrance,
shall, upon corvicti011., b0 VlfAed not le o,3 thrn Ter T..)o1lnrA(#l0-00)
or more t-i,n One Mixidred r'011,--'re (-100.00) for' C`"h offense. Each day
that E. ViOL-tiOn i� rnrnitted to exist ihsll constitilte a separate of-
Section Z7, iNViL,,ijuifl ok,
clLase, sentence or paragraph or P-Tt of this: ordirw.jice shill for
any reason be adjudgou try wV coart Qf competent jurisaictiOrk to I)e
invalid.,, sueb, iL,vajidity siml, j-jot djlfe:L., 1_djpjr or invalidate the
remainder of tilis or"nance,
-dina ;.'arts of ordin,�.!nf,;es
z,ectiou 28. it oi in-ces or r,
in conflict Kitt, &ny of tlie provisions of this urdinance a,-e :per eby
"f I ict v�'itn t'"(11 1)rovisiolls
repealed in Su far as W)e sale are 'rl ck-)
hereof.
;his fiance shall become effective fron and after its passage:
app ow and publication in the officiaI of he City of
icr to +'a.Il y texas, as provided 'iy law.
'used and Approved this the 5,h day of Febrw.rv, A. D., 194 .,4
A!'L7;STs
City Clerk
STATE OF TEXAS
COUNTY OF WICHITA
I, Geo. T. Henderson, City Clerk of the City of Wichita Falls,
Texas, hereby certify that the above and foregoing is a true and
correct copy of Ordinance No. 1452, passed and approved by the City
Council on February 51 1948, as of record in Ordinance Book No. 8
of the City of Wichita Falls, Texas.
Witness ny hand and seal of the City of Wichita Falls,
Texas, this the 16th day of July, A. 190.
,��0 l
_ _ __._ 7 __..
Cit Clerk, City of Wichita Falls
Texas.