Ord 43-2016 11/1/2016Ordinance No. _43-2016__
Ordinance amending Chapter 46 of the Code of Ordinances by the
addition of Article VII, Donation Boxes; Appendix B - Zoning;
providing a repealer clause; providing for inclusion; providing for
severability; and setting an effective date.
WHEREAS, the city staff and the Planning and Zoning Commission have
reviewed this proposal and recommend approval of these amendments to the Code of
Ordinances; and,
WHEREAS, the City Council concurs with city staff’s recommendation to amend
the Code of Ordinances, Chapter 46, establishing Article VII – Donation Boxes; and
Appendix B - Zoning Ordinance, Section 2000, Definitions; and Section 3000, to provide
for new land uses within the Heavy Industrial (HI), Light Industrial (LI), General
Commercial (GC) and Limited Commercial (LC) zoning districts for the life, health and
safety of its residents;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Chapter 46 is hereby amended by the addition of Article VII - Donation Boxes;
and Appendix B - Zoning, Section 2000, Definitions and Section 3000, Zoning District
Types and Regulations of the Wichita Falls Code of Ordinances which shall hereafter
read as follows:
“ARTICLE VII. – DONATION BOXES
Sec. 46-289. – Definitions.
Administrator means the director of the department designated by the City
Manager to enforce and administer this Article, and includes director’s designees.
Donation box means any box, container, building, enclosed trailer, or other
receptacle that is intended for use as a collection point for donated clothing or other
donated household materials.
Person means an individual, sole proprietorship, corporation, association,
nonprofit corporation, partnership, joint venture, a limited liability company, estate, trust,
public or private organization, or any other legal entity.
Sec. 46-290. – Donation Box – General Provisions.
(a) It shall be unlawful for any person to place or maintain, or allow to be
placed or maintained, any donation box within the City of Wichita Falls, without having
first secured a permit and decal in compliance with the provisions of this Article.
(b) Any donation box located within the jurisdiction of the City of Wichita Falls
that does not have a current, valid permit shall be subject to impoundment by the City.
Any donation box impounded by the City shall be released to the owner upon payment
of all applicable impoundment and storage fees.
(c) Donation boxes shall only be permitted to be placed on real property
located within the following zoning use districts: Heavy Industrial District, Light Industrial
District, General Commercial District; and Limited Commercial District, with a
conditional use permit.
(d) Donation boxes shall not be permitted to be placed on real property on
any residential use lot even if said lot is in an allowed zone.
(e) No donation box shall exceed 36 square feet in footprint size.
(f) Each donation box shall clearly indicate in writing on the side of each box
that all donations must fit into and be placed within the donation box.
(g) Each donation box must be placed on an improved surface.
(h) The person receiving the permit for the placing or the maintaining of the
donation box shall display current contact information, including:
1. Name, street address and phone number, (of the permittee) on the
donation box;
2. All contact information must be readable with letters being at least four
(4) inches tall and clearly visible from the public right-of-way.
Sec. 46-291– Application for Permits
(a) Applicants for permits under this Article shall submit an application and
site plan for review to the Director of Community Development or designee. The
application shall include the written authorization of the property owner allowing the
donation box on the property.
(b) A separate application, site plan, and permit fee shall be required for each
donation box regardless of ownership thereof. Permits issued under the provisions of
this Article shall be valid only at the address stated on the permit.
(c) An annual renewal permit fee for each donation box shall be required. All
permits shall expire on December 31 of each calendar year regardless of the date of
issuance; provided, however, that the fee for each permit shall be prorated for each
month or portion of a month for which the permit is issued.
Sec. 46-292 – Transfer of permit prohibited. No permit issued under the
provisions of this Article shall be transferrable and the authority a permit confers shall
be conferred only upon the person receiving the permit.
Sec. 46-293 – Maintenance and Upkeep
(a) A person receiving a permit and the property owner shall be held jointly
and severally liable and responsible for the maintenance, upkeep, and servicing of the
donation box and clean up and removal of any donations left on the property outside of
the donation box.
(b) The visual and structural integrity of the donation box shall be maintained
at all times.
(c) The placement of the donation box shall not impede traffic nor visually
impair any motor vehicle operation within a parking lot, driveway, alley, or street.
(d) The donation box shall not be located in a required setback, building limit
line, easement, 100-year floodplain, driveway, or fire lane.
(e) The donation box shall not block or occupy any number of required
parking spaces for the primary use structure.
(f) The current permit decal for the specific donation box shall be affixed and
displayed at all times on the outside of the donation box visible from the right-of-way.
(g) All donation materials shall fit into and be placed inside the donation box.
The collection or storage of any materials outside the container is strictly prohibited.
Sec. 46-294 – Revocation of Permit
(a) Grounds. Any permit issued hereunder may be revoked by the
Administrator if the person receiving the permit has been convicted of two violations of
this Chapter or any other provision of this Code of Ordinances concerning the donation
box within a 12-month time period.
(b) Notice. Notice of the revocation shall be given to the person who received
the permit in writing, with the reasons for the revocation, served either by personal
service or by certified United States mail to their last known address. The revocation
shall become effective the day following personal service or if mailed, three days from
the date of mailing.
(c) Appeal; Hearing. The person who received the permit shall have 10 days
from the date of such revocation in which to file with the Administrator notice of their
appeal from the order revoking said permit. The appeal must be in writing. The
Administrator shall provide for a hearing on the appeal not later than 15 days after the
notice of the appeal is filed.
(d) Stay. Any appeal of revocation pursuant to this section shall stay the
revocation until said revocation is finalized.
(e) Removal of Box; Impoundment. Upon finalization of any revocation, the
permit holder shall remove said donation box no later than ten (10) days after said final
decision. Upon expiration of this 10-day grace period, the donation box shall acquire
noncompliant status and be subject to immediate impoundment without further notice.
(f) One-Year Waiting Period. In the event the permit of any permit holder is
revoked by the Administrator, no second or additional permit shall be issued to such
person within one year of the date such permit was revoked.
Sec. 46-295 – Criminal Penalty. Any person who violates this article shall, upon
conviction of such violation, be deemed guilty of a Class C misdemeanor and subject to
a fine as provided in section 1-14.
Sec. 49-296 – Fees
(a) Permit Fee. Permit fee shall be in an amount set by separate ordinance.
(b) Renewal Permit Fee. Renewal permit fee shall be in an amount set by
separate ordinance.
(c) Impoundment Fees. Impoundment fees shall be in an amount set by
separate ordinance.
Secs. 49-297 - 46-319 reserved.
APPENDIX B - ZONING
2000. - DEFINITIONS
Sec. 2030. – Terms Defined.
Donation Box. Any box, container, building, enclosed trailer, or other receptacle
that is intended for use as a collection point for donated clothing or other donated
household materials
3000. - ZONING DISTRICT TYPES AND REGULATIONS
Sec. 3010. - Zoning districts established.
The city is hereby divided into the following zoning districts:
Section No. Map Code Zoning District Name
3040 SF-1 Single-family residential (large lot)
3100 SF-2 Single-family residential (standard lot)
3170 MFR Multifamily residential
3250 RMU Residential mixed use district
3320 MHR Manufactured housing residential
3360 LO Limited office district
3370 LC Limited commercial district
3450 GC General commercial district
3510 LI Light industrial district
3580 HI Heavy industrial district
Special-Purpose Zoning Districts
3640 PUD Planned unit development
3700 RDD River development district
3780 CBD Central business district
3840 BA Brook Avenue district
3900 CC Commercial corridor
Sec. 3020. - Application of zoning districts.
A zoning district shall apply to each lot, parcel, or site within the city. A zoning
district designation may apply also to a portion of a site.
Sec. 3030. - Hierarchy of zoning districts.
References to less restrictive and more restrictive zoning districts shall refer to
the zoning districts established in section 3010, and shall represent a progression from
SF-1 Single-Family Residential (large lot) being the most restrictive to HI Heavy
Industrial as the least restrictive. The special-purpose zoning districts shall not be
included in the hierarchy.
Sec. 3035. - Permitted and conditional uses.
Uses allowed in each zoning district shall be in accordance with the permitted
and conditional uses listed for each district. Uses which are not specifically listed, but
are similar in nature and meet the purpose of the zoning district, may be allowed by the
Commission.
3370. - LC—LIMITED COMMERCIAL DISTRICT
Sec. 3380. - Purpose.
The purpose of the LC Limited Commercial District is to accommodate small
offices and limited commercial activities. These districts are intended to be adjacent to
residential areas and act as a buffer between residential and more intense uses.
Sec. 3390. - Permitted uses.
A. The following uses are permitted in the LC Limited Commercial District:
Residential uses:
Dwelling, duplex two-family.
Dwelling, single-family detached.
Group homes.
Civic uses:
Day care centers, limited.
Private recreational areas, limited.
B. The following uses are permitted in the LC Limited Commercial District
subject to the site plan review provisions of section 7100 and to the
provisions of section 3420, "special conditions":
Residential uses:
Bed and breakfast homestay.
Boardinghouse.
Condominium, residential.
Dwelling, multifamily, up to 25 units per acre.
Dwelling, zero lot line, single-family, subject to the provisions of
section 5200.
Fraternity and sorority houses.
Townhouse, residential, subject to the provisions of section 5300.
Civic uses:
Day care centers, commercial, 1,200 square feet or less in gross
floor area.
Library, public.
Parks.
Public safety services.
Religious assembly.
School, primary and secondary.
Utility service.
Commercial uses:
Bed and breakfast inn.
Medical offices, 1,200 square feet or less in gross floor area.
Offices, 1,200 square feet or less in gross floor area.
Oil drilling, subject to the provisions of Appendix A, Subdivision and
Development Regulations, section 6.4 Oil and Gas Well, as
amended.
Services, 1,200 square feet or less in gross floor area, excluding
automotive repair services and restaurants
Sec. 3400. - Conditional uses.
The following uses are permitted in the LC Limited Commercial District subject to
the approval process provided in section 7200 and to the provisions of section 3420,
Special Conditions:
Residential uses:
Dwelling, multifamily, exceeding 25 units per acre.
Manufactured homes, subject to the provisions of section 5600.
Personal care home.
Civic uses:
Day care centers, commercial, more than 1,200 square feet in gross floor
area.
Residential care facility.
Commercial uses:
Alcoholic beverage sales, subject to the provisions of section 5400.
Art gallery/museum.
Clinic.
Club.
Convenience stores.
Donation box.
Medical offices, more than 1,200 square feet in gross floor area.
Offices, more than 1,200 square feet in gross floor area.
Restaurant, limited.
Retail trade, excluding automobile sales and supermarkets.
Services, more than 1,200 square feet in gross floor area, excluding
automotive repair services and restaurants.
Self-storage facility/mini-warehouse.
Sec. 3410. - Development regulations.
Each site in an LC Limited Commercial District shall be subject to the following
development regulations, except for zero lot line residential and townhouses.
1. Lot area: 5,000 square feet, minimum.
2. Lot width: 50 feet, minimum.
3. Front setback: 25 ft. minimum, except for rear access subdivision where
reduced setback as per section 4240 shall apply.
4. Side setback, interior: Five-foot minimum.
5. Side setback, exterior: 25-foot minimum, except l5 ft. minimum for single
family and duplex dwellings.
6. Rear setback:
A. Single-family and duplex dwelling: Five-foot minimum from common
lot line or one-foot minimum from alley. (See section 6500 for
accessory structure setbacks and section 6210 for setback
requirements for rear vehicular access.)
B. All other uses: Five feet, minimum. However, in no case shall the
roof overhang extend over the property line.
7. Height: 35-foot maximum. For school and religious assembly uses, the
maximum height shall be 45 feet.
8. Building coverage: 55 percent of lot area, maximum, except 50 percent of
the lot area, maximum, for single-family and duplex dwellings.
9. Open space: 20 percent of lot area, minimum, for multifamily dwellings
use containing 25 units or more.
Sec. 3420. - Special conditions.
A. No drive-through/drive-in use or repair service of any kind shall be
allowed. Additionally, outdoor storage or display of any kind shall be prohibited.
B. Hours of operation shall be limited to no earlier than 6:00 a.m. and no later
than 12:00 midnight.
3450. - GC—GENERAL COMMERCIAL DISTRICT
Sec. 3460. - Purpose.
The purpose of the GC General Commercial District is to accommodate
commercial activities of a retail and service nature. These areas would be located along
major streets and encouraged to use site designs which have mutual benefits with other
businesses in the area.
Sec. 3470. - Permitted uses.
A. The following uses are permitted in the GC General Commercial District:
Residential uses:
Dwelling, duplex two-family.
Dwelling, single-family detached.
Group homes.
Personal care homes.
B. The following uses are permitted in the GC General Commercial District
subject to the site plan review provisions of section 7100.
Residential uses:
Bed and breakfast homestay.
Boardinghouse.
Condominium, residential.
Dwelling, multifamily.
Dwelling, zero lot line, single-family, subject to the provisions of
section 5200.
Fraternity and sorority house.
Townhouse, residential, subject to the provisions of section 5300.
Civic uses:
Cemetery.
College and university.
Day care centers, limited and commercial.
Library, public.
Parks.
Public.
Safety services.
Religious assembly.
Residential care facility.
School, primary and secondary.
Utility service.
Commercial uses:
Alcoholic beverage sales, subject to the provisions of section 5400.
Art gallery/museum.
Automotive sales and service.
Automotive service station.
Bed and breakfast inn.
Boat sales and service.
Business and trade schools.
Car wash.
Clinic.
Club.
Coin-operated amusement machines establishment, as regulated
by section 5905.
Convenience store.
Donation box.
Exterminating services, without chemical storage.
Funeral home.
Hospital.
Hotel.
Indoor sports and recreation.
Medical office.
Motel.
Movie theater.
Nursery.
Offices.
Oil drilling, subject to the provisions of Appendix A, Subdivision and
Development Regulations, section 6.4 Oil and Gas Well, as
amended.
Repair services.
Restaurants.
Retail trade.
Self-storage facilities/mini-warehouse.
Services.
Shopping center.
Veterinary services.
Sec. 3480. - Conditional uses.
The following uses are permitted in the GC General Commercial District subject
to the approval process provided in section 7200:
Alcoholic beverage sales, subject to the provisions of section 5400.
Automotive repair service.
Bus station.
Community residential center.
Contractor's yard.
Flea market.
Halfway house.
Kennel.
Light manufacturing.
Manufacturing homes, subject to the provisions of section 5600.
Outdoor entertainment and recreation.
Outdoor storage.
Parking facility.
Recreational vehicle park.
Warehousing facility.
Sec. 3490. - Development regulations.
Each site in the GC General Commercial District shall be subject to the following
development regulations except for townhouse and zero lot line residential use:
1. Lot area: 5,000 square feet, minimum.
2. Lot width: 50 feet, minimum.
3. Front setback: 25 ft. minimum, except for rear access subdivision where
reduced setback as per section 4240 shall apply.
4. Side setback, interior:
A. Single-family and duplex dwellings: Five feet, minimum.
B. All other uses: No minimum; in accordance with adopted Building
Code requirements.
5. Side setback, exterior: 25-foot minimum, except l5-foot minimum for
single-family and duplex dwellings.
6. Rear Setback:
A. Single-family and duplex dwelling: Five ft. minimum from common
lot line or one -foot minimum from alley. (See section 6500 for
accessory structure setbacks and section 6210 for setback
requirements for rear vehicular access.)
B. All other uses: No minimum. However, in no case shall the roof
overhang extend over the property line, and shall be in accordance
with adopted Building Code requirements.
7. Height: No maximum.
8. Building coverage: No maximum, except 50 percent of lot area maximum,
for single-family and duplex dwellings.
9. Open Space: 20 percent of lot area, minimum, for multifamily dwellings
containing 25 units or more.
3510. - LI—LIGHT INDUSTRIAL DISTRICT
Sec. 3520. - Purpose.
The purpose of the LI Light Industrial District is to accommodate wholesale,
trucking and warehousing type activities along with light fabrication and processing.
Sec. 3530. - Permitted uses.
The following uses are permitted in the LI Light Industrial District subject to the
site plan review provisions of section 7100:
Residential uses:
Existing residential units may be rebuilt or replaced if destroyed, however
the number of dwelling units on a parcel shall not be increased. New
dwelling units shall not be permitted unless replacing an existing unit of
the same square footage.
Civic uses:
Public safety services.
Religious assembly.
Utility service.
Commercial uses:
Adult entertainment and sexually oriented commercial establishments,
subject to the provisions of section 5500.
Alcoholic beverage sales, subject to the provisions of section 5400.
Automotive repairs.
Automotive service station.
Automotive sales and service.
Boat sales and service.
Bus station.
Business and trade schools.
Car wash.
Clinic.
Club.
Coin-operated amusement machines establishment.
Contractor's yard.
Convenience store.
Donation box.
Exterminating services, without chemical storage.
Flea market.
Funeral home.
Hospital.
Hotels.
Indoor sports and recreation.
Kennel.
Light manufacturing.
Medical office.
Motels.
Movie theater.
Nursery.
Offices.
Outdoor entertainment and recreation.
Outdoor storage.
Parking facilities.
Repair services.
Restaurants.
Retail trade.
Self-storage facilities/mini-warehouse.
Services.
Shopping center.
Veterinary services.
Light industrial uses:
Agriculture equipment sales and services.
Fabrication and assembly.
Freight hauling.
Heavy machinery sales and service.
Lumberyards.
Manufactured housing, individual accessory use.
Manufactured housing sales.
Oil drilling, subject to the provisions of Appendix A, Subdivision and
Development Regulations, section 6.4 Oil and Gas Well, as amended.
Trucking facility.
Warehousing facility.
Sec. 3540. - Conditional uses.
The following uses are permitted in the LI Light Industrial District subject to the
approval process in section 7200.
Airport.
Communications towers and antennas as regulated by section 5910.
Community residential center.
Expansion of an existing residence.
Exterminating services, with on-site chemical storage.
Fuel and chemical storage.
Landfill.
Mining and excavation.
Motor vehicle salvage yard, subject to chapter 46, Environment, article V,
Outdoor Storage, Wichita Falls Code of Ordinances, as amended.
Outdoor food court.
Slaughterhouse and meat packing.
Stockyards.
Halfway house.
Sec. 3550. - Development regulations.
Each site in the LI Light Industrial District shall be subject to the following
development regulations:
1. Lot area: 5,000 square feet, minimum.
2. Lot width: 50 feet, minimum.
3. Front setback: 25 feet, minimum.
4. Side setback, interior: No minimum; in accordance with adopted Building
Code requirements.
5. Side setback, exterior: 25 feet, minimum.
6. Rear setback: No minimum; in accordance with adopted Building Code
requirements.
7. Height: No maximum.
8. Building coverage: No maximum.
3580. - HI—HEAVY INDUSTRIAL DISTRICT
Sec. 3590. - Purpose.
The purpose of the HI Heavy Industrial District is to accommodate major
industrial developments that are typically located on large sites. These areas generate
heavy traffic and are typically located near freeways and railroad facilities.
Sec. 3600. - Permitted uses.
The following uses are permitted in the HI Heavy Industrial District subject to the
site plan review provisions of section 7100:
Civic uses:
Halfway house.
Public safety services.
Utility service.
Community residential centers.
Commercial uses:
Alcoholic beverage sales, subject to the provisions of section 5400.
Coin-operated amusement machines establishment, as regulated by
section 5905.
Convenience stores.
Donation box.
Restaurants.
Heavy commercial uses:
Agriculture sales and services.
Airports.
Fabrication and assembly.
Freight hauling.
Fuel and chemical storage.
Heavy machinery sales and storage.
Light manufacturing.
Lumberyards.
Mining and excavation.
Manufactured housing, individual accessory use.
Manufactured housing sales.
Oil drilling, subject to the provisions of Appendix A, Subdivision and
Development Regulations, section 6.4 Oil and Gas Well, as amended.
Trucking facilities.
Warehousing facilities.
Industrial uses:
Basic industry and manufacturing.
Industrial park.
Power generation.
Refineries.
Conditional uses:
Landfill.
Sec. 3605. - Conditional uses.
The following uses are permitted in the HI Heavy Industrial District subject to the
approval process in section 7200: Communications towers and antennas as regulated
by section 5910.
Sec. 3610. - Development regulations.
The development regulations for the HI Heavy Industrial District shall be the
same as in section 3550 of the LI district.”
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
It is the intention of the City Council of the City of Wichita Falls, Texas, that the
provisions of this ordinance shall become a part of the Code of Ordinances of the City of
Wichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
Should any word, phrase, paragraph, section or portion of this ordinance or the
Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
This ordinance shall become effective January 1, 2017.
PASSED AND APPROVED this the 1st day of November, 2016.
M A Y O R
ATTEST:
____________________
City Clerk
EXHIBIT ‘A’
Affidavit of Publication
THE STATE OF TEXAS #1343092
COUNTY OF WICHITA
On this 2"d day of November, 2016 AD...
-sonally appeared before me, the undersigned authority
thy Salan, Sales Assistant for the Times Publishing
mpany of Wichita Falls, publishers of the Wichita Falls
nes/Record News, a newspaper published at Wichita Falls in
chita County, Texas, and of general circulation in said
inty, and upon being duly sworn by me, on oath states that
attached advertisement is a true and correct copy of
vertising published in 1 day (1) issues hereof on the
lowing date:
November 2, 2016
Assistant for Times Publipfing Company of Wichita Falls
and sworn to before me this the day and year first above written:
yam
t�iWvugt
BARBARA FOSTER
Notary ID # 130516155
My Commission Expires
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