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Ord 38-85 04/23/1985 ORDINANCE NO. j‘ ii AN ORDINANCE ADOPTING A ZONING ORDINANCE FOR THE CITY OF WICHITA FALLS, TEXAS WHEREAS, the City Council appointed the Planning Board as the Zoning Commission; and, WHEREAS, the Zoning Commission prepared a preliminary report, held public hearings, and prepared a final report in accordance with Article 1011, V.A.T.S. ; and, WHEREAS, the City Council accepted the final report and held public hearings on March 27, 1985 and April 2, 1985; and, WHEREAS, such regulations have been made in accordance with a compre- hensive plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls Zoning Ordinance, a copy of which is attached, is hereby adopted. �,,QQ � PASSED AND APPROVED THIS THE O 46(day of , 1985. Y 0 R ATTEST: Ana 4' L! = CITY CLERK 2000 Definitions drdinance No. 38-85 $7.00 r C C City of Wichita Falls ZONNG ORDAANCE Adopted April 23, 1985 C TABLE OF COIVTEIVTS SUBJECT SECTION PAGE LEGAL PROVISIONS 1000 1 DEFINITIONS 2000 4 ZONING DISTRICT TYPES AND REGULATIONS 3000 26 SF1 Single Family Residential District 3040 27 SF2 Single Family Residential District 3100 28 MFR Multi-Family Residential District 3170 29 RMU Residential Mixed Use District 3250 31 MHR Mobile Home Residential District 3320 33 LC Limited Commercial District 3370 33 GC General Commercial District 3450 36 HC Heavy Commercial District 3510 37 HI Heavy Industrial District 3580 39 PUD Planned Unit Development District 3640 40 RDD River Development District 3700 42 CBD Central Business District 3780 43 SUPPLEMENTAL DEVELOPMENT REGULATIONS 4000 45 Lot Area and Dimensions 4100 45 Setback 4200 45 Height 4300 46 Building Coverage Regulations 4400 47 Open Space 4450 47 Floodplain Regulations 4500 48 Buffering Adjacent to Residential Uses 4600 48 Fire Hazard Regulation 4700 49 SUPPLEMENTAL USE REGULATIONS 5000 50 Home Occupations 5100 50 Zero Lot Line Regulations 5200 51 Townhouse Regulations 5300 54 Alcoholic Beverage Sales 5400 55 Sexually Oriented Commercial 5500 55 Establishments Manufactured Housing Regulations 5600 55 y, -I- SECTION PAGE GENERAL REGULATIONS 6000 58 Nonconforming Development 610:00 58 Off-Street Parking , Loading , and Curb--Cut Regulations 6200 60 Historic Landmarks • 6300 72 Airport Zoning Regulations 6400 72 Accessory Use Regulations 6500 72 Temporary Use Regulations 6600 73 Sign Regulations 6700 74 Landscaping Regulations 6800 81 ADMINISTRATIVE PROCEDURES 7000 83 Site Plan Review Procedure 7100 83 Conditional Use Procedure 7200 84 Variance Procedure 7300:) 86 Administrative Appeals 7400 89 Amendment Procedure 7500 90 Public Notice Procedures and Fee Schedules 7600 93 Enforcement 7700:) 95 Board of Adjustment 7800 96 Planning and Zoning Commission 7900 98 ZONING DISTRICT MAP 8000 99 -II- N16fu tM5AhMItNtKKW'k: wua.,- ,x.An.*w._ _ n ....--.'^•,,,,•, i,,. \(0154: _ .y 1 O00 LEGAL F' O'J I S I OI 19 1010 TITLE Sections 1000 through 9999 of this Chapter shall be known as the Zoning Ordinance of the City of Wichita Falls, Texas. 1015 PURPOSE OF THE ZONING ORDINANCE • The purpose of the Zoning Ordinance shall be to promote the public health , safety, morals, and for the protection and preservation of places and areas of historical , cultural , or architectural importance and significance or general welfare of the City of Wichita Falls and residents thereof ; and to attain the objectives of the Wichita Falls Comprehensive Plan. It has been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation , water , sewerage, schools, parks and other public requirements. 1020 CONSISTENCY WITH COMPREHENSIVE PLAN It is the intent of the City of Wichita Falls that the Zoning Ordinance shall be consistent with the Wichita Falls Comprehensive Plan , and with any supplemental land use and community development policies which may be adopted by the City Council . In the event the Zoning Ordinance becomes inconsistent with the Wichita Falls Comprehensive Plan or with any supplemental land use and community development policies of the City of Wichita Falls, by reason of the adoption of a new plan or by amendment of the existing plan or supplemental policies, it is the intent of the Council that the Zoning Ordinance be amended within a reasonable time so as to become or remain consistent with the revised or amended Comprehensive Plan and land use and community development policies. Additionally, it is the intent of the Council that all amendments to the Zoning Ordinance shall maintain and enhance the consistency between the Zoning Ordinance and the Wichita Falls Comprehensive Plan. 1025 APPLICABILITY The Zoning Ordinance shall apply to all of the incorporated areas of the City of Wichita Falls. The use of all land and any buildings or structures located upon the land , and the construc- tion , reconstruction , alteration , expansion , or relocation of any building or structure upon the land shall conform to all regula- tions applicable to the district in which the land is located except as otherwise provided below. No land , building , structure r 1 ' . . ,. or premises ^shall be used for any purpose or in any manner other � than is permitted in the district in which slu h land , building ,ng , ^ structure or premises is located except as provided below. The provisions of this Zoning Ordinance shall be applied to all land , buildings, structures and premises of the incorporated areas* of the City of Wichita Falls on the 23 rd. , day of May , 1985. However , the provisions of this Ordinance shall not apply to buildings, structures, or land under the control , administration , or jurisdiction of any federal or state agency, or the City of Wichita Falls where properly exempted by law. 1035 CONFLICTING PROVISIONS The Zoning Ordinance shall be held to be the minimum requirements for the promotion of the public health , safety, comfort , - convenience and general welfare. It is not the intent of this ordinance to interfere with or abrogate or annul any easement , covenant , or other deed restriction or agreement between parties. When the Zoning Ordinance imposes a greater restriction upon the use of buildings or land , or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants or agreements, the provisions of the Zoning Ordinance shall control . 1040 RELIEF FROM OTHER PROVISIONS Except as otherwise specifically provided , no provision. of the Zoning Ordinance shall be construed as relieving any party to whom a site plan approval , permit or variance is issued from any other provision of state or federal law or from any provision , ordinance, rule, or regulation of the City of Wichita Falls requiring a license, franchise, or permit to accomplish , engage in , carry on or maintain a particular business, enterprise, occU- pation , transaction or use. 1045 SEVERAB%L%TY OF PROVISIONS If any section , subsection , sentence, clause or phrase of this ordinance is for any reason , held to be invalid or unconsti- tutional , such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance, it being hereby expressly declared that this ordinance and each section , subsection , sentence, clause and phrase hereof would have been prepared, proposed , adopted , approved and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional . 1050 REPEAL OF CONFLICTING ORDINANCES All ordinances or resolutions, or parts thereof in conflict with this Zoning Ordinance or inconsistent with its provisions are 2 __u;,c+ ,.,.g,ww u. rmn w+�+iuiutiik.NC�ai" St`55MM464" ''6d�M1+NgSbYSwvmanr�64i v4''"Ws" 'uw.,., .::. " • I r hereby repealed to the extent necessary to givethis '0rdinance full force and effect. 1055 COMPLETION OF USES AND STRUCTURES Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued , and plans for which are on file with the building official at the time of the passage of this ordinance, and the construction of which in either case shall have been started and diligently prosecuted within six (6) months of the date of such permit , and the ground story framework of which, inclusive of walls, shall have been completed within such time, and which entire building shall be completed , according to such plans as filed, within two years from the date of the passage of this ordinance. 1060 ENFORCEMENT, LEGAL PROCEDURE AND PENALTIES It shall be the duty of the city manager, through the proper departments, to enforce this ordinance. Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be guilty of a misdemeanor offense, punishable by a fine of not less than $40.00, nor more than $200.00. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue, and each day that the violation is maintained shall constitute a separate offense. The application of such penalty shall not be held to prevent the enforced removal of prohibited conditions. 1065 ANNEXED TERRITORY All territory hereafter annexed to the City of Wichita Falls shall be temporarily classified as SF-1 Single Family Residential District, until a permanent zoning classification is given to the area by the City Council . The procedure for establishing a permanent zoning classification shall be the same as is provided by law for amendment of the zoning ordinance. 2DDG DEF I tV I T I DIVE 2010 PURPOSE The purpose of this section is to define the terms used in this ordinance and to promote consistency in the interpretation of the Zoning Ordinance. For the purpose of this ordinance, all terms or words used herein shall be interpreted as set forth in this section , except where the context of such words or phrases clearly indicates a different meaning or construction. Sections 2000 through 2999 shall be known as Definitions. 2020 GENERAL CONSTRUCTION OF LANGUAGE The following general construction of language shall apply to the textual provisions of this ordinance: Conjunctions. The following conjunctions shall be interpreted as follows: A. "And" indicates that all connected items or provisions apply. B. "Or" indicates that the connected items or provisions may apply singly or in any combination. C. "Either or" indicates that the connected items or provisions shall apply singly but not in combination. Illustrations. In case of any difference of meaning or implication between the text of any provision and any illustration , the text shall control . Person. The word person includes a firm, association , organization , partnership , trust , company, or corporation as well as an individual . Shall & May. The word shall is mandatory, and the word may is discretionary. Tenses & Numbers. Words used in the present tense include the future tense, and the singular number includes the plural , and the plural number includes the singular, unless the text clearly indicates the contrary. Used or Occupied include the words intended , designed , or arranged to be used or occupied. 4 ` ^. 2030 TERMS DEFINED . . ^ ABUTTING Having adjoining or common boundaries. ' ACCESSORY BUILDING A building which is incidental to and associated with the primary use or principal building on the same site. ACCESSORY USE It is clearly incidental to, customary to, and associated with a principal permitted right of use (see Section 6500) . ADDITION Any construction which increases the size of a building or structure in terms of site coverage, height , length , width , or gross floor area. ADMINISTRATIVE APPEALS An appeal of the interpretation of an administrative decision of the Building Official to the Board of Adjustment (see Section 7400) . ADULT ENTERTAINMENT AND SEXUALLY ORIENTED COMMERCIAL ESTABLISHMENTS Specifically defined as adult bookstores, adult motion picture theaters, businesses or enterprises which offer nude human modelling for a consideration , and businesses or enterprises that offer for a consideration , physical contact between persons when one or more of such persons are nude or semi-nude, as defined in Section 20-23 of the Wichita Falls Code of Ordinances as amended. (See Section 5500. ) AGRICULTURAL EQUIPMENT SALES AND SERVICE Firms which sell or service large agricultural equipment including �~ tractors, large farm implements and irrigation equipment which require outdoor storage. AGENT OF OWNER Any person who can show certified or written proof that he is acting for the property owner. AGRICULTURAL USES Includes farming , stabling animals, raising animals excluding hogs, and keeping animals in kennels. ALLEY A service way providing a secondary means of public access to abutting property and not intended for general traffic circulation. ALTERATION Any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure, or change in relative position of buildings or structures on a site, or substantial change in appearance of any building or structure. APARTMENT See Multi-Family Residential Unit. 5 BASE DISTRICT A district established by this Ordinance to prescribe basic regulations governing land use and site development. Not more than one base district shall apply to the same portion of a site. BASIC INDUSTRY A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of , or manufacturing processes utilizing flammable or explosive materials, or storage or manufacturing processes which potentially involve hazardous or commonly recognized offensive conditions. BOARDING HOUSE A dwelling or part thereof , in which lodging is provided by the owner or operator to more than three boarders. BOARD OF ADJUSTMENT An officially constituted body whose principal duties are to grant variances from the strict application of the zoning ordinance (see Section 7800) . BUFFER AREAS A strip of land identified on a site plan or by zoning ordinance, established to protect one type of land use from another land use which is incompatible. Buffer zones may be zoned or shown on a site plan. Normally, a buffer zone is landscaped and kept in open space uses. BUFFERING Separating one use from another to shield or block noise, lights, or other nuisances. BUILDING Any structure designed , built , or intended for the shelter or enclosure of persons, animals, chattels, or movable property of any kind, or for an accessory use. When separated by an absolute fire separation , each portion of such structure so separated shall be deemed a separate building. This definition shall include the structures wholly or partly enclosed with an exterior wall . BUILDING LINE A line parallel or approximately parallel to the street line at a specified distance from there, marking the minimum distance from the street line that a building may be erected. For existing buildings, the building line shall be the exterior wall or omitted wall line which is closest to the street (see Section 4200) . BUILDING OFFICIAL The Building Official of the City of Wichita Falls, Texas. 6 CARPORT A roofed ,space, one story in height , coverL-d wi'th a flat or hipped roof. and ordinarily used as a shelter under which vehicles are parked. ` CENTERLINE STREETS OR ALLEYS , A line erected midway between the bounding right-of-way lines of a street or alley. Where the bounding right-of-way lines are irregular , the centerline shall be determined by the City Engineer. CHANGE OF USE The replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership , tenancy, name, or management. CLINIC An institution or station for the examination and treatment of ill and afflicted outpatients by a physician or group of physicians. CLUB, CIVIC A building or portion of a building , together with the grounds and related facilities, primarily used by an association of persons for periodic meetings to promote special purpose activities such as literature, science, or civic improvement. CLUB, COMMUNITY A building or portion of a building , together with the grounds and related facilities, used primarily by an association of the residents of a particular subdivision , neighborhood , or housing development and by its members and guests for social or recreational purposes. CLUB, PRIVATE A building or portion of a building , together with the grounds and related facilities, used primarily by an association , its members, and their guests for social , fraternal , or recreational purposes. COMMON OPEN SPACE A parcel or parcels of land , or an area of water or combination of land and water within a site designed and intended for the use and enjoyment of a defined group of residents and owners (e. g. , of a planned development project) . Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners (see Section 4450) . COMPREHENSIVE PLAN A comprehensive long range plan intended to guide the growth and development of a community or region and one that includes analysis, recommendations and proposals for the community 's population , economy, housing , transportation , community facilities and land use. CONDOMINIUM A building , or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a pro 'ortiona1 , undivided basis. �� CONTRACTORS' YARDS Yards with outdoor storage of equiment and material, used by contractors. COMMON PARKING FACILITY Parking facility shared by several sites or uses. CONDITIONAL USE See Section 7200. CONVALESCENT SERVICES A use providing bed care and in-patient services for persons requiring regular medical attention , but excluding a facility providing surgical or emergency medical services, and excluding a facility providing care for alcoholism, drug addiction , mental disease, or communicable disease. CONTIGUOUS Next to, abutting , or touching and having a boundary, or portion thereof , which is coterminous. See Abut. CONVERSION A change in the use of land or a structure. CUL-DE-SAC A turnaround at the end of a dead-end street. CURB A stone or concrete boundary usually marking the edge of the roadway or paved area. CURB-CUT The opening along the curb line at which point vehicles may enter or leave the roadway. DAY CARE CENTER, LIMITED A facility, or use of a building or portion thereof , for daytime care of six (6) or fewer individuals. This term includes nursery schools, pre-schools, day care centers for children or adults, and similar uses, but excludes public and private primary and/or secondary educational facilities. DAY CARE CENTER, COMMERCIAL Same as Day Care Center , Limited , but not limited to a maximum of six (6) individuals. DEED A legal document conveying ownership of real property. DEED RESTRICTION (See Restrictive Covenant. ) DENSITY The relationship of dwelling units or rooms to the area of the lot or B • tract upon which a residential structure is located or erected. DISCONTINUANCE OF USE To cease or discontinue a use or activity, excluding temporary or • short-term interruptions to a use or activity during periods of restoring , remodeling , maintaining , or otherwise improving a facility, or normal , seasonal cessation of a use, or other temporary cessation resulting from a change of use. DRIVE-IN SERVICE A feature or characteristic of a use involving sale of products or provision of services to occupants in vehicles, including drive-in windows and drive-through services such as mechanical automobile washing. DRIVEWAY A permanently surfaced (asphalt or gravel , or similar surfaces) area providing vehicular access between a street and an off-street parking or loading area. DWELLING UNIT A residential unit other than a mobile home providing complete, independent living facilities for one family, including permanent provisions for living , sleeping , eating , and cooking. DWELLING, ATTACHED A single family attached dwelling constructed in a series or group of not less than two contiguous units attached to each other. DWELLING, DUPLEX OR TWO-FAMILY • A building containing two (2) dwelling units each having a single front entrance and being otherwise indistinguishable from a one (1 ) family dwelling in exterior appearance. DWELLING, MULTI-FAMILY A building containing three (3) or more dwelling units. The term includes cooperative apartments, condominiums, and the like. For the purpose of these regulations, regardless of how rental units are equipped , any multi-family dwelling in which units are available for rental periods less than one (1 ) week shall be considered a hotel . DWELLING, SINGLE-FAMILY A building containing only one (1 ) dwelling unit. For regulatory use purposes, the terms are not to be construed to mean mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents, or other forms of portable or temporary housing. DWELLING, SINGLE-FAMILY DETACHED A one (1 ) family dwelling entirely separated from structures on adjacent lots. EASEMENT A privilege or right of use or enjoyment granted on , above, under , or across a particular tract of land by the owner. • 9 EAVES The lower borders of a roof that overhangs the wall . EDUCATIONAL FACILITY, PRIMARY Public and Private elementary schools, generally through grade six . EDUCATIONAL FACILITY, SECONDARY Public and Private junior high and high schools, generally from grades 7 through 12. EFFICIENCY APARTMENT A dwelling unit consisting of one (1 ) room used as a combination living and bedroom, along with a kitchen area and a bathroom. FABRICATION AND ASSEMBLY The manufacturing from standardized parts of a distinct object differing from the individual components. FACADE The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. FACTORY A building in which semifinished or finished materials are converted to a different form or state or where goods are manufactured , assembled , treated , or processed. FACTORY-BUILT HOUSE A dwelling unit that is constructed and assembled at a factory and transported to the building 's site and placed on a prebuilt foundation. FAMILY One or more persons related by blood , adoption , or marriage, or a group of not more than six (6) unrelated persons occupying a single dwelling unit. Domestic servants, employed on the premises, may be housed without being counted as a family, and not more than three (3) boarders may be accommodated. The term family shall not be construed to mean a fraternity, sorority, club , or institutional group. FAST-FOOD RESTAURANT An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises. FENCE An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. FENCE, PRIVACY A fence constructed of masonary and/or wood having a minimum height of 6 feet. 10 • FINANCE, INSURANCE AND REAL ESTATE Establishments such as, but not limited to, banks and trust companies, • credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges , insurane agents, lessors, lessees, buyers, sellers, agents and developers of real estate. FLOOD See Section 4500 FLOOD PROOFING See Section 4500 FLOOD PLAIN See Section 4500 FLOODWAY See Section 4500 FLOOR AREA The total square footage of all floors in the building measured to the outside faces of exterior walls or to the line of an omitted wall , whichever includes the largest area. FLOOR AREA RATIO The ratio between the total square feet of floor area and the total square feet of land in the lot. FRONTAGE, LOT The length of street frontage between property lines. FRONTAGE, STREETS The length of all property on one (1 ) side of a street between two (2) intersecting streets measured along the line of the street , or if the street is a dead end , then the length of all property abutting on one (1 ) side between an intersecting street and the end of the dead end street. FRATERNITY OR SORORITY HOUSE A dwelling or dwelling unit maintained exclusively for fraternity or sorority members and their guests or visitors and affiliated with an academic or professional college, university or other institution of higher learning. FUNERAL HOME A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. GARAGE, ATTACHED A garage which has one (1 ) or more walls common with the principal building on the lot , or which is attached to the principal building by an enclosed porch , or passageway, the roof of which is a part of , or • 11 extension of , the roof of the principal building , and for the purpose of the height and area regulations of this ordinance such a garage is to be considered a part of the principal building. GARAGE, DETACHED A garage wholly separated and independent of the principal building on a lot or connected to the principal building by an unenclosed or latticed passageway, pergola, arbor , or covered walk. Such a structure is considered an accessory building. GARAGE, PRIVATE A building for the storage of motor vehicles where no repair facilities are maintained and where no motor vehicles are kept for hire or sale and where no filling station may be maintained. GARAGE, PUBLIC Any building , except those described as a private garage, where motor vehicles are equipped for operation , repaired , or kept for remuneration, hire, or sale, and where a filling station may be maintained. GARAGE SALES Periodic sale of used merchandise conducted at a residence (see Section 5130) . GRADE The average elevation of the highest and lowest elevation measured at the finished surface of the ground at any of the exterior corners of the building or structure. GROSS LEASABLE AREA (GLA) Total floor area designed for tenant occupancy and exclusive use including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. HAZARDOUS MATERIAL Includes, but is not limited to, inorganic mineral acids of sulphur , flourine, chlorine, nitrogen , chromium, phosphorous, selenium and arsenic and their common salts; lead , nickel and mercury and their inorganic salts or metallo-organic derivatives; coal , tar acids such as phenol and cresols and their salts and all radioactive materials. HEIGHT See Section 4300. HISTORIC DISTRICT A geographically definable area which possesses significant concentration , linkage, or continuity of buildings, structures, sites, areas, or land , which in turn are united by architectural , historical , archaeological , or cultural importance or significance. HOME OWNERS ' ASSOCIATION An incorporated nonprofit organization operating under recorded land 12 • • • agreements' through which: a) each lot owner in a planned development or ' other described land area is automatically 'a meinber , and b) each lot , is automatically subject to a charge for a proportionate share of expenses for the organization 's activities, such as maintaining common property. 411 HOME OCCUPATION See Section 5100. HOTEL An establishment where lodging is provided for compensation other than in dwelling units, Unless otherwise specified by district regulations, hotels may serve meals to both occupants and others. For purposes of these regulations, the term hotel shall be construed to include a motel . INDOOR SPORTS AND RECREATION Uses conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, penny arcades, electronic video games, and indoor racquetball courts. INTERNAL CIRCULATION PATTERN Streets and access ways within a site. INDUSTRIAL PARK A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation , parking , utility needs, aesthetics, and compatibility. JUNK YARD A place where waste, discarded or salvaged materials are bought , sold , exchanged , haled , packed , disassembled , or handled , including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building , or the sale of used cars in operable condition. KENNEL Any premises, except where accessory to an agricultural use, where six (6) or more dogs, cats, or other domesticated pets are kept. (See Chap. 5, Wichita Falls Code of Ordinances. ) KINDERGARTEN OR DAY NURSERY A school for children of prepublic school age in which constructive endeavors, object lessons, and helpful games are prominent features of the curriculum. LAND OWNER Shall mean the legal or beneficial owner or owners of the land. The holder of an option or a purchase contract by other persons having an enforceable proprietary interest in such land shall be deemed to be a land owner for the purpose of this ordinance. 13 • LAND USE A description of how land is occupied or utilized. LAND USE PLAN A plan showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential , commercial , industrial , agricultural , recreational , educational and other public and private purposes or combination of purposes. LANDMARK See Section 6300. LANDSCAPE An expanse of natural scenery or the addition of lawns, trees, plants, and other natural and decorative features to land. LOCAL UTILITY SERVICES Equipment and lines needed by local gas, electric , telephone, sewer and water utilities to provide service. LOCAL STREET A street which is intended primarily to serve traffic within a neighborhood or limited residential district , and which is not necessarily continuous through several residential districts. LOADING SPACE An area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located. LOT A parcel of land described and recorded as a lot in the records of Wichita County, Texas, or in the event any lot or lots of land acreage as recorded are subdivided or cut up into smaller or different parcels of land, or in the event any parcel of such lot or lots of land acreage is used for the purpose of placing on any such parcel a principal building and its accessory buildings, each such parcel of land shall become a separate lot for the purposes of this ordinance„ and the boundaries of each such lot shall be determined and defined so as to contain sufficient area to include the principal building and its accessory buildings to be erected thereon and and the open spces required under this ordinance. LOT, AREA The square foot area of a lot within the bounding property lines and exclusive of dedicated streets and alleys (see Section 4100) . LOT, CORNER A lot situated at the junction of two (2) or more streets. LOT COVERAGE That portion of the lot that is covered by buildings and structures. 14 . . . . ` . . '. . . . ' LOT DEPTH. ' The distance measured from the front lot line to the rear lot line. LOT FRONTAGE The length of the front lot line measured at the street right-of-way line. LOT, INTERIOR A lot other than a corner lot. LOT LINE A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space. LOT, THROUGH An interior lot having a frontage on two (2) streets. LOT WIDTH The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight lne parallel to the front lot line at the minimum required building setback line. LUMBERYARD A site used for the storage, wholesale, and limited retail sales of lumber. This does not include business enterprises which sell home improvement supplies and lumber on a predominantly retail basis. MALL . ( 1 ) A shaded walk or public promenade; (2) A shopping center where stores front on both sides of a pedestrian way which may be enclosed or open. MANUFACTURED HOME "Manufactured" home shall include a modular home or a HUD-Code manufactured home, as defined by Article 5221f V. T. C. S. , constructed after January 1 , 1985 which meets the conditions and limitations of Section 5600 of this Ordinance. The term does not include mobile homes; the term does not include attendant structures or additions constructed on site such as garages, carports, utility- rooms, living or recreational rooms, or enclosed porches or patios. MANUFACTURING Establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. MARQUEE Any hood , canopy, awning or permanent construction which projects from a wall of a building , usually above an entrance. METES AND BOUNDS A method of describing the boundaries of land by directions and 15 NX�M11\�l'S l'i\'�X ' �mwc+v& lswAwrursrA.ceSw ✓s'u+Wavt'v distances from a known point of reference. MINE -.. (1 ) A cavity in the earth from which minerals and ores are extracted; (2) The act of removing minerals and ores. MINING The extraction of minerals including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling , such as crushing , screening , washing and flotation; and other preparation customarily done at the mine site or as part of a mining activity. MINI-WAREHOUSE A structure containing separate storage spaces of varying sizes leased or rented on an individual basis. MIXED USE DEVELOPMENT The development of a tract of land or building or structure with two or more different uses such as, but not limited to, residential , office, manufacturing , retail , public, or entertainment , in a compact urban form. MOBILE HOME "Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which , in the traveling mode, is eight body feet or more in width or 40 body feet or more in length , or , when erected on site, is 320 or more square feet , and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing , heating , air-conditioning , and electrical systems, or a structure constructed after June 15, 1976 and bearing a seal issued in accordance with Section 5221f V.T.C. S. The term mobile home shall exclude homes installed in accordance with the provisions of Section 5600. MOBILE HOME PARK Any tract of land , under single ownership , where accommodation is provided for nontransient mobile home use. MOBILE HOME SUBDIVISION A tract of land laid out in accordance with Chapter 30 of the City of Wichita Falls Code of Ordinances, for the specific purpose of providing individual lots for the placement of mobile homes. MOTEL A building or group of buildings developed as an integral unit in which there are: a) guest rooms for living or sleeping accommodations which are primarily for transient occupancy and which may be rented on a daily basis; b) desk or lobby service, telephone, maid , linen room, and similar services; and c) individual entrances from outside the building (s) to serve each individual living or sleeping unit. NEIGHBORHOOD 16 • A contiguous ,area containing residences which are of siniilar size, age, and construction style and sharing a common street system. Neighborhoods are defined by major streets, natural boundaries, subdivision boundaries or zoning districts. NOISE 411 Any undesired audible sound. NONCONFORMING DEVELOPMENT See Section 6100. • NUISANCE An interference with the enjoyment and use of property. NURSING HOME Any premises where more than three (3) persons are lodged and furnished with meals and nursing care. OBSTRUCTION Any dam, wall , wharf , embankment , levy, dike, pile, abutment , projection , excavation , channel , rectification , bridge, culvert , conduit , building , wire , fence, rock , gravel , refuse-filled structure , which may impede, retard or change the direction of the flow of water , either itself or by catching or collecting debris carried by such water , or that is placed where the flow of water might carry the same downstream to the damage of life and property. OFFICE A room or group of rooms used for conducting the affairs of a business, profession , service, industry, or government. 411 OFF-STREET PARKING SPACE A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way. OPEN SPACE Any parcel or area of land or water essentially unimproved and set aside, dedicated , designated or reserved for public or private use or enjoyment , or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. OPEN SPACE RATIO Total area of open space divided by the total site area in which the open space is located. OPENINGS FOR LIGHT AND AIR Any window, window wall , or glass panel located in the building , but not including doors which are used only for ingress and egress. OUTDOOR ENTERTAINMENT AND RECREATION Recreational uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf courses, golf courses, swimming pools, tennis • 17 _ '+ + -- , -mod« -,.,w; n wauwenwnawtamuuev mu t courts, and outdoor racquetball courts. OUTDOOR STORAGE The keeping , in an unroofed or unenclosed area of any goods, junk , material , merchandise, or vehicles in the same place for more than twenty-four hours. OWNER An individual , firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land. PARCEL A lot or tract of land. PARK A tract of land , designated and used by the public for active and passive recreation. PARKING AREA Any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets. PARKING SPACE A space for the parking of a motor vehicle within a public or private parking area. PARTY WALL A common shared wall between two separate structures, buildings, or dwelling units. PERMIT Written governmental permission issued by an authorized official , empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization. PERMITTED USE Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. PLANNED UNIT DEVELOPMENT (PUD) A Planned Unit Development is a development of land which is planned and developed as a whole in a single development operation or programmed series of development , and which includes streets, utilities, lots or building sites, and which indicates all structures and their relationship to each other and to adjacent uses and improvements, as well as open spaces. A Planned Unit Development may consist of dwelling units and detached , semi-detached , attached or multi-family structures or any combination thereof and may also include non-residential uses such as religious, cultural , recreational , commercial , or industrial uses, compatibly and harmoniously incorporated into the unitary design of the Planned Unit Development. 18 • PLANNING 'BOARD . Same as Planning and Zoning Commission. PLAT A "plat" shall refer to both preliminary and final plats and shall be• determined by the section in which it appears. PLAT, FINAL_ A "final plat " is a plat prepared by a licensed surveyor and submitted to the Planning and Zoning Commission for final approval which is duly acknowledged by its owners or proprietors of the land in the manner required for the acknowledgement of deeds and which is to be filed for record in the office of the County Clerk of the county or counties in which the land lies. PLAT, PRELIMINARY A tentative drawing made by a licensed surveyor for inspection purposes only, showing the entire tract of land sought to be subdivided , accurately describing all of said subdivision or addition by metes and bounds, locating the same with respect to an original corner of the original survey of which it is a part and giving the dimensions thereof of said subdivision or addition , and dimension of all streets, alleys, squares, parks or other portions of same intended to be dedicated to public use , or for the use of purchasers or owners of lots fronting thereon or adjacent thereto. PORCH A roofed space open on three (3) sides, one (1 ) or more stories in height. PREMISE • Any lot or unplatted tract , or any combination of contiguous lots or unplatted tracts held under single ownership. PROHIBITED USE A use that is not permitted in a zone district. PRIVATE RECREATIONAL AREAS, LIMITED Outdoor and indoor recreational areas designed to meet the needs of a residential neighborhood , and limited to the needs of the residents of that neighborhood. PUBLIC SAFETY SERVICES Fire stations, ambulance services, and police stations. PRIMARY AND SECONDARY EDUCATIONAL FACILITIES Public and private schools through the 12th grade. PET SERVICES Pet grooming and boarding. RELIGIOUS ASSEMBLY Places of worship and activity where people gather . A property tax exemption obtained pursuant to the Property Tax Code of the State of • 19 Texas shall constitute prima facie evidence of religious use. REPAIR SERVICES Establishments primarily engaged in the provision of repair services to individuals and households rather than firms, but excluding Automotive and Equipment Services use types. Typical uses include appliance repair shops, watch or jewelry repair shops, or musical instrument repair shops. RESIDENTIAL CHARACTER Refers to the appearance and nature of a residential area. Specifically showing no commercial intrusion , home occupations which do not attract attention , a high degree of maintenance and yard care and limited outdoor storage. RESIDENCE A home, abode or place where an individual is actually living at a specific point in time. RESTAURANT An establishment where food and drink are prepared, served and consumed primarily within the principal building. RESTRICTION A limitation on property which may be created in a property deed , lease, mortgage, through certain zoning or subdivision regulations, or as a condition of approval of an application for development. RESTRICTIVE COVENANT A restriction on the use of land usually set forth in the deed. RETAIL SERVICES Establishments providing services or entertainment , as opposed to products, to the general public , including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion pitures, amusement and recreation services, health , educational and social services, museums and galleries. REZONE To change the zoning classification of particular lots or parcels of land. RIGHT-OF-WAY ( 1 ) A strip of land acquired by reservation , dedication , forced dedication , prescription or condemnation and intended to be occupied or occupied by a road , crosswalk , railroad , electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses; (2) Generally, the right of one to pass over the property of another. ROOF The outside top covering of a building. 20 . . . . . . . ' . . SALVAGE YARD See Junkyc�rds. ' . - . SCHOOL, PRIMARY Includes grades one ( 1 ) through six (6) and may or may not include a kindergarten. SCHOOL, SECONDARY Includes grades seven (7) through twelve ( 12) , popularly known as junior and senior high schools. SCREENING A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing , walls, berms or densely planted vegetation; SERVICE STATION Any building , land area or other premises, or portion thereof , used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories. SERVICES Establishments primarily engaged in providing services for individuals, business and government establishments and other organizations; ' establishments providing personal , business , repair and amusement services; health , legal , engineering , and other professional services; educational institutions; membership organizations, and other miscellaneous services. SETBACK The minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed. SETBACK AREA The area between the required setback and the lot line on the side of the lot for which the setback is being measured SETBACK, FRONT The distance extending for the full width of the lot between the front lot line and the front wall of the structure. SETBACK, REAR The distance between the rear lot line and the rear wall of a primary structure, and bounded on both sides by the side setbacks. SETBACK, SIDE The distance between the side property lines and the side wall of a structure and bounded by the front setback line, and rear lot line. Any lot line which is not a front or rear lot line is a side lot line. Where a lot has only three (3) lot lines, those lot lines which do not front on a street shall be deemed as side lot lines. 21 SETBACK, SIDE (EXTERIOR) . . The side setback on the street side property line of a corner lot. SETBACK, SIDE (INTERIOR) The side setback from the property line which is abutting to another lot. Setbacks Through Lot STREET _.�._._._..-.-. �..1• I •��•��•.0•••• . •�•� STREET -I I •---- fRONT 11 SETBACK -I-__ i I I I .II I I rMwou#1 I A I i1 LOT i W • 41 RNER Im1 LOT • I I LOT I � �I I i II • ~ h1 I —d ._. .�.. •W O1 I INTERIOR--1- Iy I SIDE SETBACK' I a • I • I I . STREET L•1•Immom••+INIONIOVio 1114•10• •••■• •• .......__________ REAR SETBACK 01 V Lot Width •/ ./ •_S�TRE E 7 `' . • S/. / • . \ \,, S�r-C <:_ — LOT • \ • . WIDTH IS \ "„•#/ __•..j„..•....-1•"*"...• MEASURED ALONG FRONT SETBACK LINES ' • 22 `��r - -------- - �� . . . . . . ' SHOPPING CENTER A group of commercial establishments planned , constructed and managed as a tota ' ent'ity with customer and employee parking provided on-site, _ provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements. SIGN Any object , device, display or structure, or part thereof , situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object , person , institution , organization , business, product , service, event or location by any means, including words, letters, figures, design , symbols, fixtures, colors, illumination or projected images. This definition shall not include the national and state flag. SITE Any plot or parcel of land or combination of contiguous lots or parcels of land. ' SITE PLAN A plan , prepared to scale, showing accurately and with complete dimensioning , all of the buildings , structures and principal site development features including parking , access, and landscaping and screening , and uses proposed for a specific lot or site or parcel of land. STABLE A structure with a capacity for more than two (2) horses or mules. STOCKYARDS Stockyards and commercial feedlots shall be defined for the purposes this section as confined areas for feeding and/or holding of certain animals, such as cattle, swine, sheep and goats. STORY That portion of a building included between the surface of any floor and the surface of the floor next above it , or if there is no floor above it , then the space between such floor and the ceiling. STREET LINE A dividing line between a lot , tract , or parcel of land and a continuous street. STRUCTURE Anything constructed or erected on the ground or attached to the ground , including but without limiting the generality of the foregoing buildings, factories, sheds, cabins, mobile homes, or other similar items. STRUCTURAL ALTERATION Any change in either the supporting members of a building , such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls. 23 C 3000 Zoning District Types and Regulations SUBDIVISION The division of a lot , tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale, development or lease. SUBSTANTIAL IMPROVEMENTS An improvement which increases the floor area of an existing structure by more than fifty percent (50%) or represents an investment of greater than fifty percent (50%) of the present market value of the existing structure. SUPERMARKET A retail establishment primarily selling food as well as other convenience and household goods. SURGICAL CENTER A facility where outpatients come for simple surgical procedures. SWIMMING POOL A water-filled enclosure, permanently constructed or portable, having a depth of more than eighteen inches below the level of the surrounding land , or an above-surface pool , having a depth of more than thirty inches, designed , used and maintained for swimming and bathing. TANK FARM An open air facility containing a number of above-ground, large containers for the bulk storage of material in liquid , powder or pellet form. TAVERN An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use. TOWNHOUSE A single-family dwelling unit constructed in a series or group of not less than three (3) contiguous units, but limited in this ordinance to a maximum of ten ( 10) contiguous units. TRAILER PARK OR COURT A unified development designed to supply parking and utility connections for travel trailers, motor homes, and other transient residential trailers/vehicles. USE The purpose or activity for which land or buildings are designed , arranged , or intended , or for which land or buildings are occupied or maintained. UTILITY, PRIVATE OR PUBLIC (1 ) Any agency which , under public franchise or ownership , or under certificate of convenience and necessity, provides the public with electricity, gas, heat , steam, communication, rail transportation , water , sewage collection , or other similar service; 24 . . . , ' (2) A cl-osely regulated private enterprise with an exclusive franchise for providing ,a public service. ' ' . . ^ UTILITY SERVICES � Establishments engaged in the generation , transmission and/or distribution of electricity, gas or steam, including water and K irrigation systems and sanitary systems used for the collection and | disposal of garbage, sewage and other wastes by means of destroying or imaterials. process ng VARIANCE See Section 7300. WAREHOUSE A building used primarily for the storage of goods and materials. (See mini -warehouse. ) WAREHOUSING Terminal facilities for handling freilght with or without maintenance facilities. � | / .� 25 • 500a Z DIV I MG DISTRICT TYPES !AMID REGLJLA"ir I DIVS 3010 ZONING DISTRICTS ESTABLISHED The City of Wichita Falls is hereby divided into the following zoning districts: MAP CODE ZONING DISTRICT NAME SECTION NO. SF-1 Single-Family Residential District 3040 (Large lot) SF-2 Single-Family Residential District 3100 (Standard lot) MFR Multi-Family Residential District 3170 RMU Residential Mixed Use District 3250 MHR Mobile Home Residential District 3320 LC Limited Commercial District 3370 GC General Commercial District 3450 HC Heavy Commercial District 3510 HI Heavy Industrial District 3580 Special Purpose Zoning Districts PUD Planned Unit Development District 3640 RDD River Development District 3700 CBD Central Business District 3780 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. 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. 3035 PERMITTED & 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 Planning & Zoning Commission. 26 3040 SF-1 SINGLE-FAMILY RESIDENTIAL DISTRICT (LARGE LOT) 3050 PURPOSE The purpose. of the .-SF-1 Single Family Residential District (Large lot) is to preserve low density, large lot single-family development. This district is suitable where there are large lots of 8,500 sq. ft. or more. 3060 PERMITTED USES A. The following uses are permitted in the SF-1 district: Residential uses - Single family residential B. The following uses are permitted in the SF-1 district subject to the Site Plan Review provisions of Section 7100. Civic uses - Parks -- Primary Educational Facility 3070 CONDITIONAL USES The following uses are permitted in the SF-1 district subject to the approval process provided in Section 7200: 1 •Residential Uses • - Zero Lot Line Single Family Residential subject to the provisions of Section 5200 - Manufactured homes subject to the provisions of Section 5600 Civic Uses - Local Utility Services - Public Safety Services - Religious Assembly • Commercial Uses - Oil drilling subject to. the provisions of Chapter 21 of the Wichita Falls Code of Ordinances, as amended. 3080 DEVELOPMENT REGULATIONS Each site in the SF-1 District shall be subject to the following site regulations except zero lot line single family residential uses: 1 . Lot area: 8,500 sq. ft. , minimum for single family residential ; 5,000 sq. ft. minimum for other uses 2. Lot width: 60 ft. , minimum for single family residential ; 50 ft. minimum for other uses. 3. Residential density: 1 dwelling unit per lot , maximum • 27 • 4. Height: 35 ft. , maximum 5. Front setback: 25 ft. , minimum 6. Side setback , interior: 5 ft. , minimum 7. Side setback, exterior: 15 ft. , minimum except 25 ft. minimum for non-residential 8. Rear setback: 10 ft. , minimum 9. Building coverage: 40% of lot area, maximum Note: See Section 4600 for buffering requirements. 3100 SF-2 SINGLE-FAMILY RESIDENTIAL DISTRICT (STANDARD LOT) 3110 PURPOSE The purpose of the SF-2 Single Family Residential District (Standard lot) is to provide for residential areas that are protected from intrusion by uses which diminish the quality of the neighborhood , and to promote visually attractive and quiet neighborhoods. This district is suitable for existing residen- tial areas as well as for development of additional single family residences. 3120 PERMITTED USES A. The following uses are permitted in the SF-2 district: Residential Uses - Single Family Residential B. The following uses are permitted in the SF-2 district subject to the Site Plan Review provisions of Section 7100: Residential Uses -Zero Lot Line Single Family Residential subject to the provisions of Section 5200 Civic Uses -Parks -Primary Educational Facility 3130 CONDITIONAL USES The following uses are permitted in the SF-2 district subject to the approval process provided in Section 7200: Residential Uses - Duplex Residential - Manufactured homes subject to the provisions of Section 5600 Civic Uses - Day care centers, limited 28 • - Library,' Public - Local Utility Services - Public Safety Services - , • - Religious Assembly - Secondary Educational Facility • Commercial Uses - Oil drilling subject to the provisions of Chapter 21 of the Wichita Falls Code of Ordinances as amended. ,f 3140 DEVELOPMENT REGULATIONS Each site in an SF-2 District shall be subject to the following site regulations except for zero lot line single family residential use. 1 . Lot area: 5,000 sq. ft. , minimum 2. Lot width: 50 ft. , minimum 3. Residential density: no more than one dwelling unit per lot , except for duplex residential . 4. Height: 35 ft. , maximum 5. Front setback: 25 ft. , minimum 6. Side setback , interior: 5 ft. , minimum 7. Side setback , exterior: 15 ft. , minimum except 25 ft. minimum for non-residential use. 8. Rear setback: 10 ft. , minimum 9. Building coverage: 40% of lot area, maximum Note: See Section 4600 for buffering requirements. • 3170 MFR MULTI-FAMILY RESIDENTIAL DISTRICT 3180 PURPOSE The purpose of the MFR Multi Family Residential district is to accommodate multi-family residential units which provide basic services and facilities to residents, including parking and useful recreation areas. These districts would be located near major streets and commercial facilities and other selected areas where multi-family uses may be desirable. 3190 PERMITTED USES A. The following uses are permitted in the MFR district: Residential uses - Duplex Residential - Single-Family Residential Civic uses • 29 - Day Care Centers, Limited - Private recreational areas, limited B. The following uses are permitted in the MFR district subject to the Site Plan Review provisions of Section 7100: Residential uses - Boarding House - Condominiums, Residential - Fraternity & Sorority Houses - Multi-family residential up to 25 units per acre - Townhouse residential subject to the provisions of Sec. 5300 - Zero lot line single family residential subject to the provisions of Section 5200 Civic Uses - Day care centers, commercial - Library, Public - Local Utility Services - Parks - Primary & Secondary Educational Facility - Public Safety Services - Religious Assembly Commercial uses - Oil drilling subject to provisions of Chapter 21 of the Wichita Falls Code of Ordinances as amended. 3200 CONDITIONAL USES The following uses are permitted in the MFR district subject to the approval process provided in Section 7200: Residential uses - Multi-family residential exceeding 25 units per acre - Manufactured homes subject to the provisions of Section 5600 Civic uses - Convalescent services 3210 DEVELOPMENT REGULATIONS Each site in an MFR District shall be subject to the following site regulations except for zero lot line single family residential and townhouses: 1 . Lot area: 5,000 sq. ft. , minimum 2. Lot width: 50 ft. , minimum 3. Front setback: 25 ft. , minimum 4. Side setback , int. : 5 ft. , minimum 5. Side setback ext. : 25 ft. minimum except 15 ft. minimum for single-family residential . 30 • • ' • 6. Rear setback: 10 ft. 7. Height: 40 ft. , maximum, except for multi-family exceeding 25 ' units per acre. 8. Building Coverage: 507. of lot area, maximum 9. Open Space: 20% of Lot Area, minimum, for multi-family • CI residential use containing 25 units or more. See Section 4600 for buffering requirements. 3250 RMU RESIDENTIAL MIXED USE DISTRICT • 3260 PURPOSE The purpose of the RMU Residential Mixed Use district is to accommodate areas which now have residential uses intermixed with various types of non-residential uses. Due to the mixed use character of these areas, commercial uses will be allowed as conditional uses. 3270 PERMITTED USES A. The following uses are permitted in the RMU district: Residential Uses: dl - Duplex Residential - Single-Family Residential • Civic Uses: - Day Care Centers, Limited - Private Recreational areas, limited Commercial Uses: - Agricultural , livestock , poultry and other animals as permitted by Chapter 5 of the Wichita Falls Code of Ordinances, as amended , in lots which have a minimum area of 10,000 sq. ft. B. The following uses are permitted in the RMU district subject to the Site Plan Review provisions of Section 7100: Residential Uses: - Boarding House - Condominium Residential - Fraternity & Sorority House - Multi-family residential up to 25 units per acre - Townhouse residential subject to the provisions of Section 5.300 - Zero-lot line single family residential subject to the provisions of Section 5200 Civic Uses: - Convalescent Services • 31 • - Day care centers, Limited ac Commercial - Library, Public - Local Utility Services "°Akav- - Parks - Primary & Secondary Educational Facility - Public Safety Services - Religious Assembly Commercial Uses: - Oil drilling subject to the provisions of Chapter 21 of the Wichita Falls Code of Ordinances as amended. 3280 CONDITIONAL USES The following uses are permitted in the RMU district subject to - the approval process provided in Section 7200: Residential Uses: - Mobile home parks, subdivisions, subject to the provisions of Chapter .30 of the Wichita Falls Code of Ordinances as amended. - Individual mobile homes - Manufactured homes subject to the provisions of Section 5600 - Multi-family residential uses exceeding 25 units per acre Commercial Uses: - Alcoholic beverage sales subject to the provisions of Section 5400 - Auto Sales 8< Services - Boat Sales ?< Service - Business & Trade Schools - Colleges & Universities - Exterminating Service, without chemical storage - Funeral Services - General Retail Sales - Hotels & Motels - Kennels & Stables - Medical Clinics & Hospitals - Movie Theaters & Indoor Recreational Facilities - Offices - Outdoor Commercial Storage Yards - Parking Facilities - Pet Services - Private Clubs & Lodges - Radio & T.V. Transmitting Towers - Repair Services - Restaurants - Self-storage Facilities - Service Stations - Veterinary Clinics & Hospitals Heavy Commercial Uses: - Warehousing facilities 3290. DEVELOPMENT REGULATIONS Each site in the RMU district shall be subject to the following development regulations except for zero lot line • residential , townhouses, and mobile home parks and subdivisions. 1 . Lot area: 5,000 sq. ft. , minimum 2. Lot width: 50 ft. , minimum 3. Front setback: 25 ft. , minimum 4. Side setback , int. : 5 ft. minimum 5. Side setback , ext. : 25 ft. minimum except 15 ft. minimum for single family residential S. Rear setback : 10 ft. minimum 7. Height: 35 ft. , maximum 8. Building Coverage: 55/. of lot area, maximum. 9. Open Space: 207. of lot area, minimum, for multi-family residential use containing 25 units or more . Note: See Section 4600 for buffering requirements. 3320 MHR MOBILE HOME RESIDENTIAL DISTRICT 3330 PURPOSE The purpose of the MHR Mobile Home Residential District is to accommodate mobile home parks and subdivisions with standards thill assure adequate spacing and other site standards. 3340 PERMITTED USES The following uses are permitted in the MHR district subject to the Site Plan Review provisions of Section 7100: - Mobile Home Parks and Mobile Home Subdivisions subject to Chapter 30 of the Wichita Falls Code of Ordinances as amended. 3350 DEVELOPMENT REGULATIONS The development regulations for the MHR district shall be subject to the provisions of Chapter 30 of the Wichita Falls Code of Ordinances as amended. 3370 LC LIMITED COMMERCIAL DISTRICT 3380 PURPOSE 111 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. 3390 PERMITTED USES A. The following uses are permitted in the LC district: Residential Uses: - Duplex residential • - Single-Family residential Civic Uses: - Day care centers, limited - Private receational areas, limited B. The following uses are permitted in the LC district subject to the Site Plan Review provisions of Section 7100 and to the provisions of Section 3420. Special Conditions. Residential Uses: - Boarding House - Condominiums Residential - Fraternity & Sorority Houses - Multi-family residential up to 25 units per acre - Townhouse residential subject to the provisions of Section 5300 - Zero lot line single family residential subject to the provisions of Section 5200 Civic Uses: - Library, Public - Local utility services - Parks - Primary & Secondary educational facility - Public Safety services - Religious Assembly Commercial Uses: - Offices - Oil drilling subject to the provisions of Chapter 21 of the Wichita Falls Code of Ordinances as amended. 3400 CONDITIONAL USES The following uses are permitted in the LC district subject to the approval process provided in Section 7200 and to the provisions of Section 3420 Special Conditions. Residential Uses: - Multi-family uses exceeding 25 units per acre } 34 • - Manufactured homes subject to the provisions of Section 5600 Civic Uses ' ` - - Day care centers, commercial Commercial Uses: • - Convenience Stores - General Retail excluding auto sales, supermarkets, and department stores, and alcoholic beverage sales - General Services excluding auto repair and restaurants 3410 DEVELOPMENT REGULATIONS Each site in an LC District shall be subject to the following development regulations, except for zero lot line residential and townhouses. 1 . Lot area: 5,000 sq. ft. , minimum 2. Lot width: 50 ft. , minimum 3. Front setback: 25 ft. minimum 4. Side setback , int. : 5 ft. minimum 5. Side setback , ext. : 25 ft. minimum except 15 ft. minimum for single family residential 6. Rear setback: 10 ft. minimum 7. Height: 35 ft. maximum 8. Building coverage: 55% of lot area, maximum 9. Open Space: 207. of lot area, minimum, for multi-family residential use containing 25 units or more. • Note: See Section 4600 for buffering requirements. 3420 SPECIAL CONDITIONS A. Small offices, retail and service facilities involving only limited vehicular traffic and parking shall be allowed in the LC district. They shall be considered as adaptive reuse of existing structures or as new structures which are compatible with the residential character. No drive-through service, or repair service of any kind shall be allowed , and outdoor storage of any kind shall be prohibited. B. Signage must be of a limited nature and shall be no higher than 20 feet. C. Hours of operation shall be limited to no earlier than 6: 00 a. m. and no later than 11 : 00 p. m. 111 3450 GC GENERAL COMMERCIAL DISTRICT 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. 3470 PERMITTED USES A. The following uses are permitted in the GC district: Residential Uses - Duplex Residential - Single-Family Residential B. The following uses are permitted in the GC district subject to the Site Plan Review provisions of Section 7100. Residential Uses: - Boarding House - Condominium Residential - Fraternity & Sorority House - Multi-family residential - Townhouse residential subject to the provisions of Section 5300 - Zero lot-line single family residential subject to the provisions of Section 5200 Civic Uses: - Colleges & Universities - Convalescent services - Day care centers, limited & commercial - Library, public - Local utility services - Museum & Art gallery - Parks - Primary & Secondary educational facility - Public safety services - Religious Assembly Commercial Uses: - Alcoholic beverage sales subject to the provisions of Section 5400 - Automotive sales & service - Boat sales & service - Business & Trade schools - Exterminating services without chemical storage - Funeral Services - General Retail - Hotels & Motels - Medical clinics & Hospitals - Movie theaters & indoor recreational facilities - Offices, • - Oil drilling subject to the provisions of Chapter 21 of the • Wichita Falls Code of Ordinances, as amended - Parking Facilities • - Pet Services - Private Clubs ?< Lodges - Repair Services - Restaurants - Self-storage facilities • - Service Stations - Shopping malls - Veterinary Services 3480 CONDITIONAL USES The following uses are permitted in the GC district subject to the approval process provided in Section 7200: - Manufactured homes subject to the provisions of Section 5600 - Outdoor entertainment and recreation - Outdoor storage - Warehousing 3490 DEVELOPMENT REGULATIONS Each site in the GC district shall be subject to the following development regulations except for Townhouse ?< Zero lot-line residential use: • 1 . Lot area: 5,000 sq. ft. , minimum 2. Lot width: 50 ft. , minimum 3. Front setback: 25 ft. , minimum 4. Side setback , interior and back setback: No minimum 5. Side setback , exterior: 25 ft. , minimum 6. Height: No maximum 7. Building coverage: No maximum 8. Open Space: 20% of lot area, minimum, for multi-family residential containing 25 units or more. Note: See Section 4600 for buffering requirements. 3510 HC HEAVY COMMERCIAL DISTRICT 3520 PURPOSE The purpose of the HC Heavy Commercial district is to accommodate wholesale, trucking and warehousing type activities along with light fabrication and processing. • 37 xu sw�examm�mx e v, ti ,. m .a' um,.u;w _, �v,�VattlYtt4C7nwNoi ww 3530 PERMITTED USES The following uses are permitted in the HC district subject to the Site Plan Review provisions of Section 7100: Civic Uses: - Local utility services - Public safety services - Religious assembly Commercial Uses: - Alcoholic beverage sales subject to the provisions of Section 5400 - Automotive sales & service - Boat sales & service - Business & Trade schools - Exterminating services without chemical storage - Funeral services - General retail - Hotels & Motels - Medical clinics & Hospitals - Movie theaters & Indoor recreational facilities - Offices - Oil drilling subject to the provisions of Chapter 21 of the Wichita Falls Code of Ordinances, as amended. - Outdoor entertainment & recreation - Outdoor storage - Parking Facilities - Pet Services - Private clubs & Lodges - Repair services - Restaurants - Self-storage facilities - Service stations - Sexually oriented commercial establishments & Adult Entertainment facilities subject to the provisions of Section 5500 - Shopping Malls - Veterinary services Heavy Commercial Uses - Agricultural equipment & Sales - Heavy machinery sales - Individual mobile home as accessory use - Light fabricating & processing - Lumberyards - Oil drilling subject to the provisions of Chapter 21 of the Wichita Falls code of Ordinances, as amended. - Oil Field Equipment sales & Service - Mobile home sales and fabricating - Trucking facilities - Warehousing 38 3540 CONDITIONAL USES 1 The following uses are permitted in the HC district subject to the approval process in Section 7200: • - Airports - Exterminating services with on-site chemical storage. - Excavation and mining operations - Fuel 'y chemical storage - Salvage yards as permitted in Chapter 20, Article III of the Wichita Falls Code of Ordinances, as amended. - Slaughter house '< meat packing 3550 DEVELOPMENT REGULATIONS Each site in the HC district shall be subject to the following development regulations: 1 . Lot area: 5,000 sq. ft. , minimum 2. Lot width: 50 ft. , minimum 3. Front setback: 25 ft . , minimum . 4. Side setback , int. : No minimum 5. Side setback , ext. : 25 ft. , minimum 6. Rear setback: No minimum 7. Height: No maximum 8. Building coverage: No maximum Ir Note: See Section 4600 for buffering requirements. • 3580 HI HEAVY INDUSTRIAL DISTRICT 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. 3600 PERMITTED USES The following uses are permitted in the HI district subject to the Site Plan Review provisions of Section 7100 Civic Uses: - Local utility. services - Public safety services Commercial Uses: - Restaurants • 39 Heavy Commercial Uses: - Agricultural equipment sales - Airports - Excavation & Mining operations - Fuel & Chemical storage - Heavy machinery sales - Individual mobile home as accessory use - Light fabricating & processing - Lumberyards - Oil drilling subject to the provisions of Chapter 21 of the Wichita Falls Code of Ordinances, as amended. - Oil Field Equipment sales & service - Mobile home sales and fabricating - Trucking Facilities - Warehousing Facilities Industrial Uses: - Basic Industry & Manufacturing - Power generation - Refineries 3610 DEVELOPMENT REGULATIONS The development regulations for the HI district shall be the same as in Section 3550 of the HC district. 3640 PUD PLANNED UNIT DEVELOPMENT DISTRICT 3650 PURPOSE The purpose of the PUD Planned Unit Development district is to provide flexibility in site planning and allow the departure from the strict development regulations. The site must be planned and developed as a unit with a high quality of design. Industrial parks, shopping centers, residential developments of multiple or mixed housing , or appropriate combinations thereof for specialized purposes would be suitable. 3660 APPROVAL PROCESS The approval process for a PUD district shall be the same as the Amendment Procedures in Section 7500. The City Council 's approval of a PUD shall be by amendment to the Zoning Ordinance. Such amendment shall designate the boundaries of the district and include such conditions which in the judgement of the City Council , are necessary to secure the health , safety, and general welfare of the community. 3670 SUBMISSION REQUIREMENTS A. PROJECT DESCRIPTION: The applicant shall submit a clear and 40 • • concise 'rport containing the following information: 1 . A ,general description of the project. 2. A statement of design objectives of the PUD. ' - • 3. Total project acreage, the acreage associated with each use, the number of residential units, the square footage of 411 non-residential uses, projected number of employees, and projected peak customer visits, if applicable. 4. A proposed timetable or phasing of the project. 5. Alternative designs if any, which the developer wishes to be reviewed. B. SITE PLAN: The applicant shall submit a site plan which shall include the following information: 1 . The location of all proposed uses including buffer areas. 2. The outlines and square-footages of all structures, except for detached single-family structures or duplexes. 3. The locations of all driveways. 4. The use of all properties adjacent to or directly affected by the PUD. 5. Alternate designs proposed by the developer. 6. Any adjacent or near-by property which the developer owns or holds a purchase option. 3680 APPROVAL CRITERIA The following criteria shall be used to review a PUD, or to establish any special condition of approval : 1 . The proposal shall be in conformance with the land-use plan and all other plans and policies adopted by the City of Wichita • Falls. 2. The proposed PUD should be compared against probable development patterns which would occur under existing zoning districts. 3. The PUD shall have a minimum site area of 5 acres. Larger areas may be required , if necessary , to meet the stated design objectives, 4. The proposed project should not overburden utilities, drainage, transportation , schools, fire-protection capabilities , parks, or other public services. 3690 AMENDMENTS AND CHANGES At the time of approval , the City Council may approve or conditionally approve alternative designs identified in the project description and site plan. A. The Staff may approve the following minor changes to the site-plan subject to the specific conditions approved by the City Council : 1. Minor relocation of utility lines and easements, or minor changes in drainage facilities. C. The location , area, or outline of buildings if the changes do not significantly increase or redistribute the intensity of • 41 uses or decrease amenities of the project. 3. Minor changes in lot lines which do not significantly alter the project. B. The Planning and Zoning Commission may approve the following types of changes subject to specific conditions approved by the City Council : 1 . Any of the above changes appealed by the developer. 2. The location of any street or drainageway. All other amendments shall be referred to the City Council using the same procedure as the original designation. 3700 RDD RIVER DEVELOPMENT DISTRICT 3710 PURPOSE The purpose of a River Development district is to provide a facility for recreation and leisure and to enhance tourism. The district shall incorporate uses that will upgrade the river environment into a permanent recreational and commercial facility. 3720 PERMITTED USES The following uses are permitted in the RDD district subject to the Site Plan Review provisions of Section 7100: Residential uses - Condominium Residential - Multi-family Residential - Townhouse residential subject to the provisions of 5300. Civic uses - Convention Center - Local utility services - Public safety services - Religious assembly Commercial uses - Alcoholic Beverage sales subject to the provisions of Section 5400 - General retail services - Hotels & Motels - Offices - Private clubs & Lodges - Restaurants - Shopping malls 3730 CONDITIONAL USES 42 . . � . � The following uses are permitted in the RDD district subject to the approval process provided in Section 7200: ' ^ ' � - Outdoor entertainment and recreation 3740 DEVELOPMENT REGULATIONS Each site in the River Development District shall be subject to the same development regulations as provided for in Section 3490, the General Commercial District. 3750 SPECIAL CONDITIONS 1 . Each site within the RD district must meet substantial landscaping requirements to meet the purpose of a linear park ] system. � 2. Conservation of existing trees and natural areas shall be given consideration. 3. Dedication of open-space easements may be required to install a linear trail system. ( 4. To the greatest extent possible, businesses and other public facilities must orient the buildings to face the river. / 5. Signs must be approved through the site plan review process. 1 3780 CBD CENTRAL BUSINESS DISTRICT 3790 PURPOSE The purpose of the CBD is to provide a commercial core area with wide variety of office, commercial , residential , and civic activities. This district consists primarily of older business / structures which predate the modern shopping center concepts, and special provisions are made for off-street parking , height , and area regulations. There shall be only one contiguous Central Business District in the city. 3200 PERMITTED USES The following uses are permitted in the Central Business District subject to the Site Plan Review provisions of Section 7100. / - All uses permitted in Section 347() of the GC district. 3220 DEVELOPMENT REGULATIONS 43 Each site in a central business district shall be subject to the following development regulations: 1 . Lot area & width: No minimum 2. Setbacks: As required by Chapter 7, Buildings of the Wichita Falls Code of Ordinances as amended 3. Height: No maximum 4. Building cov. : No maximum 5. Parking & loading: See Section 6240, Special Provisions for CBD Note: See Section 4600 for buffering requirements. 44 C C C 4000 Supplemental Development Regulations 410100 SUF�F}LEMI=VITAL DEVELOPMEIVT FZEGUL_AT I OIVS 4010 PURPOSE The purpose of the Supplemental Development Regulations is to provide interpretation of site development regulations and to establish regulations and exceptions. Section 4000 through 4999 shall be known as the Supplemental Development Regulations. 4100 LOT AREA AND DIMENSIONS 4110 MEASUREMENT OF LOT AREA The area of a lot for the purposes of compliance with the Zoning Ordinance shall be the net horizontal area within the lot boundary lines and shall exclude any street or alley rights-of-way. 4120 REDUCTION DUE TO PUBLIC ACQUISITION If a portion of a legally existing lot is acquired for public use in any manner including dedication , condemnation , or purchase, the remainder of such lot shall be considered as complying with the requirements of the Zoning Ordinance. 4130 MEASUREMENT OF LOT WIDTH Lot width shall be measured between the side lot lines along the minimum required front setback line, or the front lot line if no front setback is required. 4200 SETBACK 4210 MEASUREMENT OF SETBACK REQUIREMENTS A required setback shall be measured parallel to and for the entire length of the lot line on the side of the lot for which the setback is being measured. No building or structure shall be located , erected , or altered so as to have a smaller setback than the minimum setback required by the Zoning Ordinance. The area between the setback and the lot line on the side of the lot for which the setback is being measured , shall be known as the setback area. 4220 PROJECTIONS AND STRUCTURES ALLOWED IN SETBACK AREAS A required setback area shall be kept free of any building or structure including carports except that buildings, structures, or projections shall be allowed as provided below: 45 A. Cornices; window sills, flues and chimneys, and eaves may project two (2) feet into the required setback area. B. Fences may project into the front , side and back setback areas. However ,fences shall not extend into the front setback area of single-family and duplex residential uses. C. Uncovered steps, porches, or patios which are no more than 2 feet above the adjacent grade may be placed within the required setback area. D. Uncovered swimming pools, hot tubs and satellite dish antennas may be placed in the rear or interior side setback areas. E. Accessory buildings not exceeding 150 sq. ft. in floor area may be placed within the rear setback area but no closer than one foot from the rear lot line. F. Gasoline pump islands may be placed in the front and exterior side setback area, provided that they are placed no closer than 12 feet from the property line. Canopies attached to the pump islands shall provide at least 14 feet of clearance from the ground to the bottom of the canopy, and may be placed no closer than 1 foot from the property line. G. Signs may be placed within the required setback areas as provided for in Section 6700 Sign Regulations. 4230 REAR SETBACK OF THROUGH LOT The minimum rear setback on a through lot shall be the same as the front setback requirement on the lot. No accessory buildings shall be allowed within a rear setback area of a through lot. Signs may be placed in the front setback area under the provisions of Section 6700. 4300 HEIGHT 4310 MEASUREMENT OF HEIGHT The height of a building shall be measured from the average of the highest and lowest grade adjacent to the building to the highest point of the coping of a flat roof , deck line of a mansard roof , or to the average height of the highest gable on a pitched or hipped roof . The height of a structure other than a building shall be measured to the highest point of the structure. 4320 EXCEPTIONS TO HEIGHT LIMITATIONS The following structures may exceed the maximum height limitations subject to the limitations of Section 6400, Airport Zoning 46 • Regulations and the following conditions: A. Church spires or steeples, flagpoles, and amateur radio transmitting antennas may project beyond the maximum allowable height. B. Chimneys, vent-stacks, radio and television receiving antennas, elevator penthouses, mechanical equipment rooms, cooling towers, fire escapes, tanks, and ornamental cupolas and domes erected on the top of buildings may project beyond the maximum allowable height by no more than twelve ( 12) feet. 4400 BUILDING COVERAGE REGULATIONS 4401 PURPOSE The purpose of the building coverage limitations is to ensure that the building coverage of each site is compatible with the types of uses allowed in each district and to avoid overcrowding of sites with buildings. 4402 MEASUREMENT OF BUILDING COVERAGE Building coverage shall be measured as the total horizontal area of all buildings and roofed or covered spaces expressed as a percent of total lot area. The outer two (2) feet of roof over- hangs will not be counted as building coverage. 4450 OPEN SPACE 4451 PURPOSE The purpose of the open space requirements is to ensure the provision of outdoor areas for landscaping and open space. 4452 MEASUREMENT OF OPEN SPACE Open space shall be measured at ground level as a percent of the total lot area. Open spaces must meet the following standards: A. Off-street parking and loading areas, driveways and service areas shall not be counted as open space. B. Any setback area requirements on a street side shall not be counted as open space. C. Open spaces shall have no dimension less than fifteen (15) feet. 47 4500 FLOODPLAIN REGULATIONS All developments within the City of Wichita Falls shall have to comply with Chapter 151 /2, Flood Damage Prevention , of the itz Wichita Falls Code of Ordinances, as amended.' 4600 BUFFERING ADJACENT TO RESIDENTIAL USES 4610 PURPOSE The purpose of these requirements is to provide residential areas protection from the impacts of non-residential uses by reducing the potential impacts through increased separation , construction of visual or noise barriers, etc. 4620 SCREENING REQUIREMENT Multi -family dwelling units, townhouses, condominiums, mobile home parks and subdivisions, and all non-residential uses shall provide and maintain a screen of solid wood and/or masonary fence at the property line where abutting a single-family or duplex residential use located in a SF-1 or SF-2 zoning district , or a SF-1 or SF-2 zoning district boundary. 4630 LIGHTING REQUIREMENT All outdoor lighting must be directed away from residential areas. 4640 ADDITIONAL SETBACK Additional setback shall be provided by non-single family or non- duplex residential uses in the manner prescribed in this section , where any one of the following conditions occur: A. When these uses are located within a SF-1 or SF-2 zoning district and abut a single-family or duplex residential use, or abut an alley which is adjacent to a single-family or duplex use, no portion of the structure shall be closer to a single-family or duplex property line than the height of that portion , except that the minimum setbacks stated in C shall apply. B. When these uses are located outside of a SF-1 or SF-2 zoning district , but abut an SF-1 or SF-2 district boundary line, no portion of the structure shall be closer to a SF-1 or SF-2 boundary line than the height of that portion , except that the minimum setback stated in C shall apply. However , when the zoning district boundary line abuts an alley or a street right-of-way, the additional setback shall be computed by including the right-of-way width of such street or alley. 48 • C. Minimum Setbacks 1 . Multi-family dwelling units, townhouses, condominiums, mobile home parks and subdivisions, civic uses, and commercial uses shall be set back at least 30 feet. 2. Heavy commercial uses shall set back at least 50 feet. 3. Heavy industrial uses shall set back at least 100 feet. EXAMPLES: 1 .-.i....___I ._. . J L. • - _ '—'''7'. ....1 7 . . .�L. ADDITIONAL SETBACK so ;•;:`'• �. kYIN> I ZONE BOUNDARY • la L�1 � Siuts II l� ^ -y ..1 ��� Et7AMFERMAt "Y P%'"ti_1 ALLEY SO' YIN. •� 1I `: AL�YG 1 Ij 'l ADDITIONAL SETBACK • I I I I I I I I EXAMPLE A EXAMPLE B 4700 FIRE HAZARD REGULATION Any activity involving the use or storage of flammable or explosive materials must meet the requirements of the Standard Fire Prevention Code, as amended. 49 C C 5000 Supplemental Use Regulations 1 I.... .. • 5ooa SLJPPL_EMENTAL- LJE3E REC3LJL_041r I ONE3 5100 HOME OCCUPATIONS 5105 PURPOSE The purpose of the home occupation provisions is to allow for the use of a residential structure for a non-residential use which is clearly an accessory use to the residential use and does not change the residential character of the site and neighborhood. Section 5100 to 5199 will be known as the home occupation provisions of the Zoning Ordinance. 5110 APPLICABILITY The home occupation provisions shall be applicable only in the SF-1 and SF-2 zoning districts. 5115 HOME OCCUPATION AS ACCESSORY USE ONLY The home occupation shall be an accessory use to the residential use, and shall be conducted entirely within a dwelling unit which is the bona fide residence of the practi- tioner, or within an accessory garage building. A carport shall not be used for home occupation purposes. 5120 RESIDENTIAL CHARACTER TO BE MAINTAINED The residential character of the lot and dwelling shall be maintained. Neither the interior nor the exterior of the dwelling shall be structurally altered so as to require compliance with non-residential construction. No additional buildings shall be added on the property to accommodate the home occupation. No equipment , material , or merchandise associated with the home occupation shall be displayed or stored where visible from anywhere off the premises. No signs advertizing the home occupation shall be placed on the premises 5125 EMPLOYMENT OR PARTICIPATION LIMITATIONS No person other than a family member who resides in the dwelling unit shall participate in the home occupation on the premises. Furthermore, the dwelling unit shall not be used as a place of congregation for work off the premises. 5130 USE LIMITATIONS Home occupations shall be subject to the following use limitations: A. No direct selling of merchandise shall be allowed. However , 50 storaga of merchandise for delivery may be permitted. B. The occupation shall not produce noise, vibration , smoke, dust , odor , heat , glare, fumes, or electrical interference detectable off the premises C. The following types of uses shall not be permitted as home occupation: 1 . Vehicle repair shops 2. Medical Clinics 3. Contractor 's yards 4. Restaurants 5. Pet Grooming Services 6. Exterminating Services 7. Used Car Sales D. Garage sales shall be permitted no more than four times a calendar year with such garage sales lasting no more than three consecutive days each time. E. The amount of refuse generated by the home occupation , or the consumption of water , electricity, or natural gas shall not be in excess of amounts typical of households in the same neighborhood. 5135 HOURS OF OPERATION The hours of operation , as it relates to customer or client visitation , shall be limited to no earlier than 8:00 a. m. and no later than 9: 00 p. m. 5200 ZERO LOT LINE REGULATIONS 5210 PURPOSE The purpose of the zero lot line regulations is to provide for single-family attached or detached residential structures with one zero side setback area. The intent is to allow a single family structure to be placed on a side lot line in order to provide a more usable side yard on the other side. Sections 5200 through 5270 shall be known as the zero lot line regulations. 5215 LOT AREA The minimum lot area shall be 4,000 square feet. 5220 LOT WIDTH The minimum lot width shall be 40 feet. 51 5225 BUILDING COVERAGE The maximum building coverage shall be 40% of the lot area. 5230 HEIGHT The maximum height of a structure shall be 35 feet. 5235 COMMON OPEN SPACE When the average lot area is less than 5,000 square feet , at least 15% of the net site area shall be provided for common open space. The area for such space shall be measured in accordance with the provisions of Section 4452. 5240 SIDE SETBACK Structures shall be constructed on the side lot line on one side of the lot and a side setback shall be provided on the other side of the said lot subject to the following conditions: A. The minimum width of the side setback shall be ten (10) feet, except where the height of the structure exceeds two (2) stories, in which case, the minimum side setback shall be increased to the height of the structure. The same side setback requirements shall be observed by detached accessory buildings. B. A zero setback shall not be permitted when such lot abuts a non-zero lot line development , in which case, a minimum side setback of 5 feet shall be required. C. An exterior side setback of at least fifteen (15) feet shall be required for corner lots. D. No openings for access, light or air shall be permitted in the wall on the zero setback side. E. The side setback shall be shown by building limit lines on the subdivision plat. Easements for maintenance, drainage and roof overhangs shall be established in recorded covenants or deed restrictions. 5245 FRONT SETBACK The minimum front setback requirements shall be twenty-five (25) feet. 5250 REAR SETBACK The minimum rear setback shall be ten (10) feet. When vehicle access is taken from an alley, that portion of the structure that con- tains the garage or carport shall be set back at least twenty (20) 5 2 feet from the edge of the alley pavement closest to the property line. 5255 PARKING REQUIREMENTS „fir•,4. The minimum off-street parking requirements for the site shall bv'" determined at the rate of two (2) off-street parking spaces for each dwelling unit , of which at least one (1 ) space per dwelling unit must be provided on each lot. The remaining parking spaces must be provided in off-street parking lots. The areas required for such lots shall be in addition to the common open space requirements. 5260 SITE PLAN A site plan shall be submitted with the preliminary plat and shall include the following: A. Location and dimension of all lots, access drives, common open space areas, dedicated streets, and parking spaces. B. Location of all structures and appropriate dimensions. C. Calculated acreage of open space as a percentage of site area and the number of dwelling units per gross acre. 5265 COVENANTS A proposed declaration of covenants, conditions and restrictions shall be submitted with the final plat. This document shall contain , in addition to other requirements set forth by the devel oper , the following requirements: A. Legally create easements for maintenance, drainage and roof overhang. B. Where common open space is required: 1 . Legally create an automatic-membership home owner association with responsibility and authority to administer the provisions of the declaration. 2. The home owners association has legal title to the common property or will receive legal title to it within a specified period. 3. The owner of each home or lot automatically becomes a voting member of the association , and his membership is auto- matically transferred to the new owner of a home or lot when it is sold. 4. The right of each member to use the property and any limitation on his use of it is defined in the declaration. 5 5. The association is legally responsible for operating and maintaining the common property. 6. Each member 's share of the association 's expenses is reasonable and adequate to enable the association to function properly. 7. The consequences of nonpayment of a member 's share of the expenses are defined , and adequate legal measures for recovering any nonpayment are available. 5300 TOWNHOUSE REGULATIONS 5310 PURPOSE The purpose of the Townhouse Regulations is to permit a greater intensity of land use while at the same time provide for areas of open space and degrees of privacy comparable to those qualities inherent in conventional single-family detached housing. 5315 LOT AREA The minimum lot area shall be 2,000 square feet. 5320 LOT WIDTH The minimum lot width shall be 20 feet. 5325 COMMON OPEN SPACE The minimum common open space requirement shall be 30% of the net site area. The measurement of such space shall be in accordance with the provisions of Section 4452. Restrictive covenants governing the open space shall be submitted with the final plat in accordance with Section 5270B. 5330 STRUCTURE SEPARATION The minimum separation of structures shall be ten (10) feet. 5335 DWELLING UNITS PER STRUCTURE There shall be at least three (3) dwelling units and not more than ten (10) dwelling units per structure. 5340 HEIGHT The maximum height of a structure shall be 35 feet. 54 • 5345 FRONT SETBACK A minimum front setback shall be required and based on the following: A. Front or rear lot access. B. On-street parking capabilities. C. Number of parking spaces on each lot. D. Number of overflow off-street parking spaces. E. Where townhouse lots and dwelling units are designed to face upon a common open space court yard rather than a public street , a rear setback will be required. 5350 SIDE AND REAR SETBACKS When a townhouse structure is adjacent to a single family lot line, a minimum setback of 30 feet shall be required on that side. 5400 ALCOHOLIC BEVERAGE SALES Alcoholic beverage sales shall be allowed in the RMU, GC , HC, RDD, CBD zoning districts subject to the provisions of Chapter 4 of the Wichita Falls Code of Ordinances , as amended. 111 5500 SEXUALLY ORIENTED COMMERCIAL ESTABLISHMENTS Adult entertainment and sexually oriented commercial estab- lishments shall be permitted in the HC zoning district subject to the provisions of Sections 20-23 of the Wichita Falls Code of Ordinances, as amended. 5600 MANUFACTURED HOUSING REGULATIONS 5610 PURPOSE The purpose of the Manufactured Housing Regulations is to allow the placement of manufactured housing on individual lots as a conditional use when the manufactured home is com- patible with existing homes in the immediate residential neighborhood or subdivision. 5620 COMPATIBILITY WITH NEIGHBORHOOD The Planning and Zoning Commission shall determine that a manufactured home is compatible if it: • 55 • • 1 ) is compatible, 'from the standpoint of aesthetics and value, with existing homes in the immediate residential neighborhood or subdivision. A manufactured home is compatible with existing homes in the neighborhood or subdivision from these standpoints if the exterior siding materials and finishes, the roofing materials, the fenestration (windows and other exterior openings) , and the square footage contained in the home are comparable to those of existing homes in the immediate residential neighborhood or subdivision. 2) is of new construction and not less than twenty-two (22) feet wide; the pitch of the main roof of the home shall not be less than one (1 ) foot of rise for each five (5) feet of horizontal run with eave projections of not less than eight (8) inches and it shall have covered front and rear entries. It shall be permanently attached or affixed to a permanent foundation system. All portions of the chassis or transpor- tation system which are not an integral part of the structure or foundation shall be removed before the home is permanently attached or affixed. The foundation system or the foundation facia shall form a complete enclosure under exterior walls. 3) meets the minimum front , side, and rear yard setbacks, and height restriction , as required in the use zone and is oriented on the lot in a manner which is compatible with the immediate residential neighborhood or subdivision. 4) is designed to meet or exceed all health and safety standards and requirements of the most current edition of the One and Two Family Dwelling Code as approved by the Inter- national Conference of Building Officials, the Southern Building Code Congress International , and the Building Officials and Code Administrators, Inc. The home shall be considered to meet such standards and requirements if the plans and speci- fications are approved by the Director of Planning or approved by an engineer or architect registered or licensed by the State of Texas as being substantially equivalent from a performance standpoint for the protection of the health and safety of the occupants. 5630 INSTALLATION A person may not perform any installation functions unless the person possesses a valid certificate of registration for installation of manufactured homes as required by Section 5221f , V.T.C. S. 5640 APPLICATION AND SITE PLAN The request for a conditional use permit shall be accompanied by a site plan and a detailed description of the manufactured home. The site plan and description shall address all items 56 relating to compatibility described in Section 5620 and shall be signed by the owner of the property and by the installer. 5650 INSPECTION The Director of Planning shall inspect all on-site construc- tion and the installation of the manufactured home on its permanent foundation to assure compliance with the approved site plan and specifications required in Section 5640. A11 municipal building inspection permits and fees as required for site-constructed one and two family dwellings shall be obtained and paid. ,111111 57 i C C 1000 Legal Provisions ors C C 6000 General Regulations 60010 T I OhIS 6100 NONCONFORMING DEVELOPMENT 6105 DEFINITION For the purpose of this ordinance, the term nonconforming development means a parcel of land , improvement , or uses that were lawful prior to the enactment of this ordinance or any amendment hereto, but that does not conform to the provisions of this ordinance except for the provisions of Sections 6100 through 6199. 6110 PURPOSE The purpose of this section is to provide a reasonable opportunity for use of existing parcels of land and buildings, or continuance of uses, which were legally created, or in existence prior to the enactment of this ordinance. 6115 EXISTING USE Any parcel of land , structure, or use, existing at the time of the enactment of this ordinance may continue to exist , even though such parcel of land, structure, or use may not conform to the provisions of this ordinance for the district on which it is located. However , this Section shall not apply to any parcel of land , structure, or use established in violation of any ordinance previously in effect in the City of Wichita Falls. 6120 PROOF OF PRIOR EXISTENCE It shall be the responsibility of the owner, operator , or occupant of a nonconforming development to provide proof that such parcel of land , structure, or use existed prior to the enactment of this ordinance. 6125 NONCONFORMING PARCELS Nonconforming parcels which do not meet the minimum area or width requirements for the district that they are located in, may be developed if all other requirements of the Zoning Ordinance, such as, but not limited to, yard requirements, parking , building coverage etc. are fulfilled. 6130 NONCONFORMING STRUCTURES A nonconforming structure may be altered or expanded in the following manner provided the use complies with the uses permitted in the district in which the structure is located: A. SETBACKS. A structure which is in noncompliance with the setback require- 5S . ' ^ ' mentsi' of' t:he Zoning Ordinance, may be altered in a manner that ^^ does not ,increase the degree of noncompliahce of the particular setb 'ck requirement , as long as all other provisions of the Zoning. Ordinance such as, but not limited to, building coverage and ' | parking requirements, are met. B. HEIGHT. The height of a noncomplying structure may be increased as long as the height of any addition does not exceed the height of that portion of the existing structure which is in noncompliance. 6135 NONCONFORMING USES - EXPANSION A. In an single family residential district , an existing building or premise which is devoted to a use which is not permitted in the SF-1 or SF-2 district shall not be expanded , extended , or enlarged. � B. In a district other than a single family residential district , an existing building devoted to a use that is not permitted by the Zoning Ordinance in the district on which the building is located on , may be expanded , extended , or enlarged , provided additional property is not acquired for such expansion except for use as parking area, and all other requirements of the Zoning Ordinance are met. 6140 NONCONFORMING USE - CONVERSION A nonconforming use may be converted to another nonconforming use of a similar nature provided the noise, odor , refuse, traffic volumes and patterns, hours of operation , parking requirements, and other nuisance factors are similar. If these factors are not similar , the conversion is subject to the Conditional Use approval process provided in Section 7200. In no instance can a nonconforming use convert to a less restrictive use category (i . e. a nonconforming general commercial use may not convert to a heavy commercial use ) . However , whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use. 6145 NONCONFORMING USE - RECONSTRUCTION Any nonconforming use which is damaged or destroyed by fire, flood , explosion , wind , earthquake, war , riot , or other calamity, may be reconstructed and used as it was before such happening , provided that such reconstruction is commenced within twelve months of the damaging event and completed within twenty-four months from the date of commencement. A screen of solid wood and/or masonary fence shall be provided if the nonconforming use is located in a SF-1 or SF-2 zoning district. 6150 NONCONFORMING USE - DISCONTINUANCE Any nonconforming use may be discontinued and resumed as it 59 • existed prior, to its discontinuance, provided no' reconstruction or expansion is required. 6200 OFF-STREET PARKING, LOADING AND CURB-CUT REGULATIONS 6205 PURPOSE Sections 6200 through 6299 shall be known as the Off-Street Parking , Loading , and Curb-Cut Regulations. The regulations require provisions for off-street parking and loading facilities proportional to the need created by each use in order to ensure functionally adequate, secure off-street parking and loading facilities and to limit the number of curb cuts along major streets to an amount conducive to reasonable safety stan- dards. Development regulations and design standards are intended to ensure the usefulness of the parking and loading facilities, to protect public safety, and , where appropriate, to mitigate potentially adverse impacts on adjacent land uses. 6210 BASIC PROVISIONS A. Off-street parking facilities, loading facilities, and the prescribed number of curb cuts shall be provided for any new building constructed , for any new use established , and for any addition or enlargement of an existing building or use, or any change of occupancy or manner of operation that would result in additional parking spaces being required. The additional parking shall be required only for such addition , enlargement , or change and not for the entire building or use. B. Minor variations of parking lot design , or standards may be approved by the Director of Planning , as long as the purpose of this section is met. C. All required parking facilities shall be maintained for the duration of the use requiring such areas. Such facilities shall be used exclusively for the temporary parking of motor vehicles. Parking facilities shall not be used for the sale, display, or storage of merchandise, or for the storage or repair of vehicles or equipment. D. All required parking facilities, loading facilities, and curb cuts shall be located on the same site as the use for which such facilities are required , except as authorized pursuant to Section 6231 . E. Head-in parking from a public right-of-way is prohibited , except for single family residential use. F. Each parking space shall have adequate drives, aisles, and turning and maneuvering areas for access and usability, and shall at all times have access to a public street or alley. 60 . . G. Off-street parking facilities for ' the ' than single-family residential uses shall be designed such that alleys are not � used for ingress or egress. ' H. When vehicle access is taken from the alley, the garage or carport shall be setback at least 20 feet from the edge of the alley pavement. 6220 PARKING REGULATIONS 6221 PARKING SCHEDULE BY USE | Parking facilities shall be provided in accordance with the � minimum requirements prescribed in this section except for in the Central Business District where the provisions of Section 6240 shall apply. The primary use as a building or lot shall determine � the parking requirements. USE CLASSIFICATION MINIMUM OFF-STREET PARKING REQ. RESIDENTIAL � Detached residential , 2 spaces per dwelling unit except duplex , mobile homes, for zero lot-line residential townhouses , & Multi- (See Section 5250) family residential Boarding Houses, 1 space per 2 occupants Fraternities, Sororities civic Church 1 space per 4 seats Day care, Commercial 3 car holding bay + 1 space per employee Elementary & Junior 1 space per teacher & staff member High Schools High schools 1 space per 4 students Convalescent & Nursing 1 . 25 spaces per 3 beds Homes Libraries & Museums 10 spaces + 1 space per 500 sq. ft. g. f . a. COMMERCIAL Offices, banks, & professional services 1 space per 300 sq. ft. g. f . a. 61 Medical & Dental offices 1 space per 200 sq. ,ft. g. f . a. Hospitals 1 . 5 spaces per bed Bar , club , cocktail 1 space per 2 seats. lounge Restaurant 1 space per 3 seats. Hotels & Motels 1 . 25 spaces per unit Shopping & Convenience 1 space per 200 sq. ft. g. f . a. Goods, Repair services, Grocery stores Large Commercial 5. 5 spaces per 1000 sq. ft. g. l . a. or Shopping Center Areas 5. 3. spaces per 1000 sq. ft. g. f. a. Theaters, auditoriums 1 space per 4 seats Stadiums & arenas Library/museum 10 spaces + 1 space /500 sq. ft. g. f . a. All other nonresi- 1 space per 300 sq. ft. g. f . a. dential uses HEAVY COMMERCIAL & INDUSTRIAL Warehousing , fabri- 1 space per employee for maximum cating , storage, employment of 2 shifts combined. distribution , manu- facturing NOTE: g. f. a. - gross floor area g. l . a. - gross leasable area 6222 HANDICAPPED PARKING REGULATIONS In each parking facility, a portion of the total parking shall be specifically designed , located , and reserved for vehicles licensed by the State for use by the handicapped. These spaces shall be provided according to the following schedule: Total Spaces No. of Total Spaces No. of in Lot Spaces in Lot Spaces Up to 25 1 151 to 200 6 26 to 50 2 201 to 300 7 51 to 75 3 301 to 400 8 76 to 100 4 401 to 500 9 101 to 150 5 501 + 27. of Total 62 6225 DESIGN STANDARDS FOR PARKING FACILITIES Design standards are established in this section to set the minimum dimensions and standards for design and construction of parking and loading facilities. A. Design standards for parking facilities shall be as follows: Depth of Width of Stall 90 Stall Angle of Width of deg. to Parallel Width of Parking Stall Aisle to Aisle Aisle * (Degrees) (Feet) (Feet) (Feet) (Feet) A B C D E 0 9. 0 9. 0 23. 0 12. 0 30 9. 0 17. 3 18. 0 11 . 0 45 9. 0 19. 8 12. 7 11 .0 60 9. 0 21 . 0 10. 4 16. 0 ' 90 9. 0 19. 0 9. 0 26. 0 * When different angled parking is placed opposite each other , the greater aisle width shall be applicable. • 111111111111111 111111 IBCI1A A B 1E 1 V PARKING STANDARDS ts, EXAMPLE SPACE REQUIREMENTS for PARKING at VARIOUS ANGLES PARALLEL I( 23, Pi I I I CURB [ail s it . IF-9-:1 23 30° pi- L PI _ Ji „att___M —A 14-2.3' 2TLiT• 1-2iNs 45. 1C L 1 It��1 It i • ^ CURB 1 I a N s L-6.3' 13.5' \ . 60° I.`- L 4 194 i CURB • — 7 Ns IQS' 9 N=NUMBER OF SPACES L=CURB LENGTH 90° M-�,I Ns- 8r— A 64 ! . • . . - . EXAMPLE , i • I m Z ,I- CC 0 r 7 cr w o W • 41.1., U 0 CJ n Oa J LL t Z s cc O d w 4%1 w 2 — 111 ,ALL 3 W111-..'" .;1 O 1 -,. ,, a' / z Z / ICD I" Y �� w ow-- / J .` u.i cc W `� - / m u.0 Q J II'. 11111iikoe . rc) • O w m 2 yz I = z U z I W 1D U I0= C� i--_�\\,.. ---- -- sue- ---=r �t=��� O Iz3 2 -- - --- U �O W W - C7 o J IYa m w \1;.\ 140 LL act CD Z \ a z o CC Q �� ' / JN d r - _Jn Cr W //' �` • / QFO- W Q U // ® \ ..� / O W_O —� 41 � a30 U / w � 2w V=Q 2� O • e ® i OSo S W am v J3 rc3 4 4 d. / - • / wz,ii 3vi � 0O2LL2 0 '.v�3 X I W o_ • el t-5 • EXAMPLE Fr I z J K alI WOW _--.\ U 1- I p IOQ • W IUW IQ¢ m LL IF. 1 • LL N a rg 6�y. /+ re F. 9 WW 1 / . z \ a. o3 dt iJ / "1 CC W U Z /. W cc CL a U / 2 Oy W ID _ / /' 023 J / /� ---- Xcu� O W Z �/ •/ / I I I i ii Lulu ci to • /CO ar3ira / N -OU cc pK�U�S au. �r3=1o2_0m0. if Li w 0 0 T z I i i 1 -----' -_-- '---Tom-_- - J mui j9 W 103 0� I U 1y I uQ / as 2� Q 6 by4r /��r!r pd 1 o , 1I .r / V 1 z 41 ,' a CC w cc Q 'v CAW o Q J N C.) "us . W a CD �i0 Z of 1 Y <NY. Q I Ij Cr) QOLLZ W r t `_:v ram ::=_ =--. ___ -1 _ • 66 B. Design standards for handicapped parking facilities: Each parking space designated for use by the handicapped shall-' consist of a rectangular area not less than 12. 5 feet wide by • 18. 5 feet long , with a vertical clearance of 7. 5 feet , shall be located in an area not exceeding a 2-percent slope, and shall be located near and convenient to a level or ramped entrance accessible to handicapped persons. Parking spaces for the handicapped shall be signed and restricted for use by the handi- capped only. 6230 SUPPLEMENTAL PARKING REGULATIONS 6231 MIXED USE & OFF-SITE PARKING A. The Planning Department may approve locating a portion of the required parking on another site when both the primary use and parking facility are located in a similar zone. B. Off-site parking shall be located within 300 feet of the use which it serves, measured from the property line. C. The off-site parking approval shall require the written agreement of the owner of the off-site parking area to assure the continued availabiity of the required parking area. D. Off-site parking facilities shall not fulfill more than 50 percent of a use 's parking requirement. E. Handicapped parking spaces shall not be located in an off--sit . parking area. F. The Planning and Zoning Commission may authorize an adjustment in the total parking requirements for mixed use developments if the facilities have substantially different peak demand hours for parking. A request for adjustment shall require the submission of a site plan and traffic study which address the rationale for reducing parking requirements. 6232 SAFETY FEATURES Parking facilities shall meet the following safety standards: A. Safety barriers, protective bumpers or curbing shall be provided to prevent encroachment onto adjoining public or private property. B. Visibility of and between pedestrians, bicyclists, and motorists shall be assured when entering individual parking spaces, when circulating within a parking facility, and when entering and exiting a parking facility. C. Internal circulation patterns, and the location and traffic • 67 direction of all access drives, shall be designed and maintained in accordance with accepted principles of traffic engineering and traffic safety. 6233 LIGHTING Lights provided to illuminate any parking facility or paved area shall , to the maximum extent feasible, be designed to reflect away from any residential use. 6234 FENCING AND SCREENING A parking facility in any non-residential district which adjoins or abuts property in a SF-1 or SF-2 district shall have a wall or privacy fence not less than 6 feet in height located for the length of the common property line. However , such a fence shall not be required within the front or exterior setback area of the non-residential use. 6235 NOISE Areas used for primary circulation , for frequent idling of vehicle engines, or for loading activities shall be designed and located to minimize impacts on adjoining properties, including provisions for screening or sound reduction. 6236 MAINTENANCE All parking and loading facilities shall be maintained to assure desirability and usefulness of the facility. Such facilities shall be maintained free of refuse, debris, or other accumulated matter and shall at all times be available for the off-street parking or loading use for which they are required or intended. 6237 DRAINAGE All parking facilities shall be graded and provided with permanent storm drainage facilities, meeting the construction specifications set by the Public Works Department. Surfacing , curbing , and drainage improvements shall be sufficient to preclude the free flow of water onto adjacent properties or public streets or alleys, and to provide adequate drainage. 6240 SPECIAL PARKING PROVISIONS FOR THE CENTRAL BUSINESS DISTRICT 6241 PURPOSE Special parking requirements shall apply within the Central Business District in order to promote the construction of appropriately located public parking facilities, to discourage inharmonious parking facilities/areas in historic districts or on sites occupied by historic structures, and to reduce intrusion on pedestrian-oriented street frontages by parking facility access. 68 6242 SPECIAL PARKING REQUIREMENTS Within the designated Central Business District , the following provisions shall apply in lieu of the regulations otherwise • established by the Off-Street Parking and Loading Regulations: A. There shall be no off-street parking requirement for any use occupying a qualifying historic structure. B. There shall be no off-street parking requirement within the Central Business District for any use occupying an existing structure, new construction of less than 7500 gross sq. ft. of floor space, or expansions of less than 7500 gross sq. ft. of floor space. 6250 LOADING REGULATIONS 6251 OFF-STREET LOADING SPACES In any district , for every building or part thereof hereafter erected with a minimum gross floor area of twelve thousand (12,000) sq. ft. , which is to be occupied by manufacturing , storage, warehouse, goods display, retail store, wholesale store, market , hotel , hospital , mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution of vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building , at least one (1 ) off-street loading space, plus one (1 ) additional such loading space for each additional twenty thousand (20,000) sq. ft. , or major • fraction thereof . 6252 DESIGN CRITERIA The dimensions of each loading space shall be determined by the type vehicle to be accommodated. MINIMAL DESIGN CRITERIA FOR OFF-STREET LOADING Type of Vehicle to be Accommodated All Vehicles Tractor-- Design Criteria except Tractor Trailer (in feet) Trailers Truck Vertical clearance 13 14 Depth of space =5 55* Width of space 12 12 • *This depth is required if tractor is not to be separated from trailer after the vehicle is parked. If the tractor is removed from the trailer , a 4:-foot depth is allowed. • 69 6253 LOCATION No such space shall be located nearer than fifty (50) feet to any residential use or to a SF-1 and SF-2 zoning district boundary, unless wholly within a completely enclosed building , or unless effectively screened by a masonary and/or wooden fence of not less than six (6) feet in height. 6260 CURB CUT REGULATIONS All curb cuts shall be approved by the Building Official based on the curb cut requirements provided below. 6261 CURB CUT DESIGN Curb cut designs shall be based on either of the following options: OPTION 1 . STANDARD CURB CUT: A B C D CURB RETURN CORNER NO. OF DRIVEWAY RADII ISLAND CLEARANCE DRIVEWAYS WIDTH FRONTAGE Min. Max . WIDTH Des. Min. Maximum Maximum Up to 100 ' 7 ' 30 ' 25 ' 35 ' 30 ' 2 35 ' 100 ' to 300 ' 7 ' 30 ' 25 ' 40 ' 30 ' 3 35 ' 301 ' to 600 ' 10 ' 30 ' 50 ' 45 ' 30 ' 4 •_5 ' 601 ' ?< up * *Frontages over 600 ' may generate traffic volumes creating hazardous conditions which may require use of channelization or other special design. The Building Official shall review and approve such design. CURB CUT DIMENSIONS ALLEY ALLEY L c �+ J ( —I . , R.Id MIw AA 1 +4—I'(asaal) 1 0 o: 0 D:r7. R.20,Mln.fa Cgmm.rdblx 0 and Indwlrial R.1]•Mln R.dd.nlla\ A __ x 4'Sidewalk �• J 12 M. 70 OPTION 2, WESTERN CURB CUT: Western curb cuts shall be allowed in .accolrdance with the design and specification of the Public Works Department. The number of - driveways allowed shall be the same as allowed for standard curb - cuts. 6262 SUPPLEMENTARY CURB CUT REGULATIONS A. All access driveways shall be at an angle of from 45 degrees to 90 degrees measured from roadway center line. B. No curb opening shall be allowed within the area of corner curb return radius. k • 71 6300 HISTORIC LANDMARKS The Historic Landmarks regulations shall be subject to the provisions of Chapter 2, Article IV, Division 5, of the Wichita Falls Code of Ordinances as amended. 6400 AIRPORT ZONING REGULATIONS The Airport Zoning regulations shall be subject to the provisions of Chapter 3, Article 2, of the Wichita Falls Code of Ordinances as amended. 6500 ACCESSORY USE REGULATIONS 6510 PURPOSE The purpose of the Accessory Use regulations is to establish the relationship among principal and accessory uses and provisions governing their uses. Sections 6500 through 6599 shall be known as the Accessory Use Regulations. 6515 RESIDENTIAL ACCESSORY USES Residential accessory uses shall include the following uses and structures and shall be allowed on the same lot or site containing a residential use: A. Playhouse, patios, porches, gazebos, cabanas, greenhouses and incidental household storage buildings. B. Home occupations as permitted under Section 5100. C. Radio and television receiving antennas including satellite dish antennas. D. Recreational facilities including swimming pools and tennis courts for use by residents. E. A single accessory dwelling unit when the principal use is single family residential on a lot over 10,000 square feet or greater. F. Garages, carports and parking for the principal use. 72 . . . . .. . .. 6520 NON-RESIDENTIAL ACCESSORY USES ' Non-residential accessory uses shall include the following uses ' and structures and shall be allowed on the same lot or site containing a non-residential use: A. A single dwelling unit which may be an individual mobile home shall be allowed in the HC and HI district , when occupied by persons providing security to the principal establishment. B. Parking for the principal use. C. Enclosure for solid waste dumpsters. � D. Storage building operated as a part of the principal use and \ does not comprise a separate use or business activity. 6600 TEMPORARY USE REGULATIONS 6610 PURPOSE N The purpose for the Temporary Use regulations is to establish N provisions for uses of a temporary nature which are not otherwise permitted in a district. Sections 66{)0 through 6699 shall be known as the Temporary Use Regulations. 6615 PERMITTED TEMPORARY USES The following types of temporary uses may be allowed subject to the following conditions: A. Mobile trailer units for use as construction offices or residential uses for security purposes shall be permitted for the duration of the construction period. B. New subdivision sales offices located within the subdivision may be established and operated for a period of two years from / the date of the first construction permit issued in the subdivision. C. Model homes located within the subdivision or residential development to which they pertain. D. Christmas tree sales lots. � ' 73 • 6700 SIGN REGULATIONS w , 6710 PURPOSE Signs are recognized as important means of communication and reasonable modes of advertising , and therefore constitute a significant and specific use of land. Standards for the construction of signs are herein provided for the purpose of protecting places and areas of historical and cultural impor— tance; to increase safety and lessen congestion in the streets; to conserve the value of buildings and land; to preserve residential values, and to encourage the most appropriate use of land. Sections 6700 through 6799 shall be known as the sign regulations. 6720 SIGN REGULATIONS The following sign construction types used in the Schedule of Sign Standards contained in Table 6741 hereof are defined in and correspond to the sign classifications established in the Building Code of the City. A. Ground Sign: A sign which is supported by two (2) or more columns, poles, uprights, or braces placed in or upon the ground and is not a part of a building. The term "ground sign" shall include billboards. B. Roof Sign: A sign which is erected , constructed , or maintained on or over the roof or parapet wall of a building. C. Wall Sign: A sign which is attached or affixed to the wall of a building or is an integral part of the wall of a building with the exposed face of the sign in a plan parallel to and not more than twelve inches (12" ) from said wall ; provided , however , that electric wall signs may project not more than eighteen inches (18" ) from said wall . A wall sign shall not extend above or beyond the parallel face to which the sign is attached. This term shall also include D. D. Projection Sign: A sign which is attached or affixed to any building wall or structure other than a pole and extends or projects beyond the building wall , structure, building line or property line more than twelve (12) inches. E. Wall Ground Sign: A wall , not a part of a building, so erected for the purpose of placement or display of a sign. F. Marquee Sign: A projecting sign attached to or hung from a marquee and said marquee shall be known to mean a canopy or covered structure projecting from and supported by a building , when such canopy or covered structure extends beyond the building , building line or property line. 74 G. Pole Sign: A sign which is supported b'y one pole, column , uOright or brace placed in or upon the ground and is not a part of a building. H. Directional Sign: A pole, ground sign , or wall ground sign • that directs vehicular traffic. The sign may display arrows, words, or other symbols to indicate direction of facilities. No goods or services for sale may be listed. No sign may exceed fifteen (15) square feet or as elsewhere listed. I . Reader Board Signs: A changeable copy sign with strips attached to the face of the sign to hold readily movable letters and numerals. The sign may be internally or externally illuminated (ground or pole sign only) . 6730 DEFINITIONS A. 0ff Premise Advertising Sign: A sign which is a primary use of land (not accessory use) and which directs attention to a business, product , activity or service which is not conducted , sold , offered or located on the premises where the sign is located. B. Sign Structure: Any part of a sign , including the base, supporting columns or braces, display surface, or any other appendage thereto. C. Required Setback: The distance from the property line or right-of-way line of all streets adjacent to the premises on • which a sign is located. D. Lighting: As the term is used in Table 6741 hereof , the illumination of a sign face by a light source exterior to, and not a part of such face or source of light not exposed to the eye. E. Flashing Sign: As the term is used in Table 6741 hereof , a sign or part thereof , operated so as to create flashing; change in light intensity, color or copy or intermittent light impulses more frequent than one every ten (10) seconds and further provided that Message Centers as defined in Section 6730:)G shall not constitute flashing signs. It is further provided that a sign which creates intermittent light impulses which convey time of day and/or temperature only shall not constitute a flashing sign. F. Motion: As the term is used in Table 6741 hereof , the moving or rotating of a sign or portion thereof . G. Message Center: A sign which provides public service information , any similar public interest information and/or related advertising for a general business located on the same premise through electronically controlled intermittent • 75 light impulses. A message center shall consist of letters, words or numerals which can either change sequentially or travel across the display area. No character shall exceed 42" in height and no lamp shall exceed 50 watts. A message center as herein defined is deemed to be a sign subject to the requirements of Table 6741 hereof according to the particular use of said message center and the specific requirements for such uses determined by the classifications contained in said Table. H. Real Estate Sign: A sign which advertises a parcel of land or a structure for rent, lease, or sale, and limited to the provisions of Table 6741 provided however , that signs identi- fying model homes be limited to a maximum of 15 square feet. I. Directory Sign: A pole or ground sign consisting of building identification and general business signs of the individual tenants. J. Portable Sign: A sign constructed upon wheels, casters, skids or otherwise so designed to be readily movable from one location to another , including signs mounted upon a trailer , bench , wheeled , carried, or other non-motorized mobile structure; a portable sign which has its wheels removed shall be considered a portable sign hereunder. If such sign within this definition is securely anchored to the ground by cables or ground supports acceptable to the Building Official , such sign may be considered non portable and thereby is subject to all provisions of this section. K. Political Sign:" A sign which refers only to the issues or candidates involved in a political election. 6740 SCHEDULE OF SIGN STANDARDS No sign shall be erected , placed, displayed or located except in accordance with the Schedule of Sign Standards contained in Table 6741 hereof . 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U E-Ic ar C 14 C CD In . 0 00 0 0 . a 0 0 zo 0 0 Cl) Z M N • N z '-I z z z .^1 0-1 1n HI g P: 3 3 P P 1-1 E ill)VI3u P. 3 a 3 R P. (7 v � P: ¢ < 3 a a a a a c 3 3� w a a P - 3 ` a c7 Cb c7 0 C7 c7 a c7 z L.) c7 c7 CD 3 c7 a, d v • m .0 E. r.. N- o < 0 0 0 0 0 .0 0 0 0 0 0 0 a `-' Ul co Vl N to N in Iry u'1 N Z N N 9 J • _ u >C W Fn N O 0 0 C O O 1 O 0 O o .-I 0 0 V.0 .` < f v. ao O CO O .-1 cn CsI.-4 N0 N 0 v. .nrn A O ^ U N N Na) C.9' U'- - 00 00 U U UA 4..... U N U 1-I U U U U +-I vi a PO x h +-1 PT. H a• C7 w4.1 1.4J U 1+ N - • s4 to w W 7t, .'Sr 00 N N '.Y+ a. OPk. .0 U 1 00 r7+" N '•1 0) W ,�Ti' x Z 0 N O 14 L 01 = = 'C 0) •O N cb d ¢ x 8 � a b 1 ro 0 C a.1 +J 00 0) 00 01 0 U .-I C C C .. W u 4.1 4-1-1 4-1 +•1 .4 a+ 0) G ...I +i C C u m M 7, 0 P. 0 0 0 E 0 8 U 6 O t�pp .1..) u U U N ,.{ N 0) a.1 U U) ..-1 0) +•1 0) 7 0. •.i 7 0 0 0) E. E" 1-1 6 •-I 3 01 E 8 ,J 1 ..1 3... 1+ 0 a+ 04 4..1 a+ 00 1. I I 0.C. 0 .>i >, U 1) a.1 1. 0. 1+ a .--1U ..1 .1-1 (U 0) +-I U) a,1 U) a'C fr .-.IZ 1. 1. N I 0) 1 0) U • L L N 4J L -1.4 E A +� U.I C7 CZ /0 7 U-• 7 114 C 7 14 C N N NG ..1 8 7 G U CO < < < 0 < 0 U A A C7 H I-I Z U Z X Z O N U) P: 77 NOTE 1 On-premise signs fronting a public street and located within ten (10) feet of the property line shall have a clearance from the surrounding grade to the bottom of the sign face of not less than nine (9) feet , except that low profile signs may be created within such area if the top of the sign does not exceed three, (3) feet above the surrounding grade. Poles, columns, or other supports for such signs shall not exceed twelve (12) inches in dimension measured perpendicular to the street , and no portion of the sign shall overhang the property line. Exception: This requirement shall not apply to directional or real estate signs if such sign placement does not create a view obstruction to motorists or pedestrians. NOTE 2 A minimum separation of 500 feet must be maintained between these types of signs. Spacing is measured from the nearest portion of the sign to the nearest adjacent sign. For spacing from SF-1 , SF-2, and MFR districts, spacing shall be measured from the nearest portion of the sign to the residential district boundary. NOTE 3 ,Classification Standards: G - Ground P - Pole W - Wall PR - Projecting RB - Reader Board WG - Wall Ground R - Roof NOTE 4 Maximum area is the total area of all tenents or services advertised on one sign structure; however , the total area of multi-faced signs shall be governed by Section 6750 B. NOTE 5 In the GC, HC & HI Districts General Business Signs shall be limited by the following: If located within ten (10) feet of the property line or the back of curb , whichever is greater , the sign face area shall not exceed eighty (80) square feet nor exceed thirty (30) feet in height. 78 I a - b If located at least ten (10) feet from the property line or the back of the curb , whichever is greater , the sign face area shall not exceed Q'ne hundred and twenty (120) square feet nor exceed fifty (50) feet in' height. Signs shall be limited to one per business or street frontage when located within 25 feet of the property line. • 6745 GENERAL PROVISIONS A. The standards and regulations prescribed in this section shall apply to those signs classified and defined in the Building Code of the City. B. The provisions of this section shall be applicable to the location , size and placement of signs and shall otherwise be considered supplementary to the Building Code of the City. No provisions .specified herein shall be construed to otherwise amend or nullify any provision of the Building Code or any ' ordinance or regulation of the City pertaining to the erection , use, maintenance or operation of signs. r C. Any sign used in conjunction with a nonconforming use of land or buildings, if such sign is not in accordance with the provision of this section , shall be deemed a separate noncon- forming use of land , and shall be subject to the provisions of Section 6100 of this ordinance. D. No sign using a revolving beam or beacon of light resembling any emergency vehicle or traffic-control sign shall be permitted , subject to the provisions of Section 29-77 (c) of t Wichita Falls Code of Ordinances as amended , nor shall any sill' be located so as to obstruct the vision or sight distance of motor vehicle operators or pedestrians at any street intersection , street crossing or other point of traffic concentration. E. No high intensity light shall be permitted as part of a sign display visible from an adjacent street in any zoning district; and , in this regard , no reflectorized lights shall be permitted which shall exceed the intensity of forty (40) watt frosted-face bulb , except general informational type signs such as time or temperature signs approved by the Building Official . F. Notwithstanding any provisions of this section , no sign shall be erected which constitutes an obstruction to view of operators of motor vehicles on public streets or entering such streets from private property. In the event of any ques- tion regarding sign obstructions, the Traffic Engineer of the City shall determine that no such obstruction exists. G. View Obstruction: No outdoor advertising display sign shall be erected or maintained so as to constitute an obstruction of the view of pedestrians or motorists. Placement of signs in com- pliance with Section 29-215 (g) of the Wichita Falls Code of Ordinances (Traffic Section) as amended , shall be deemed primi • 79 faci evidence of such compliance. H. Any sign located within the Historic District must comply with Section 6300 of this ordinance. I . Any sign located within the River Development District must comply with Section 3700 of this ordinance. J. No sign shall remain erected for a period to exceed ninety (90) days after the reason , purpose, or business for which the sign was erected has ceased. K. Portable Signs: No portable sign as defined by this ordinance shall be erected or maintained within any zoning district. L. Political signs shall not be placed upon the street right-of-way or placed in any location which would obstruct the view of motorists or pedestrians. 6730 RULES OF CONSTRUCTION A. The area of a sign shall be computed by drawing a line or lines around the sign in such a way as to form not more than four (4) regular geometric figures such as a rectangle, circle, triangle, trapezoid , or ellipse. The total of these figures shall be the total area of the sign. All portions of the sign structure which are internally illuminated shall be subject to the area limita- tion of Table 6741. B. The maximum sign area prescribed in Table 6741 shall be applied to a sign with one (1 ) face. A sign constructed with more than one (1 ) face shall contain in the aggregate of all faces not more than twice the maximum area prescribed in Table 6741 . The maximum interior angle between sign faces shall be ninety (90) degrees. C. The height of a sign shall be measured as follows: 1 . Ground or pole sign within one hundred feet (100' ) of a street abutting the property on which the sign is located: From -the top of the curb of the nearest street adjacent thereto, or if there is no curb, from a point six inches (6") above the edge of the road surface, to the top of the sign structure. 2. Ground or pole sign more than one hundred feet (100' ) from an adjacent street: From the ground at the sign base to the top of the sign structure. 3. Roof sign: From the roof level at the base to the top of the sign structure. • 80 . 6800 LANDSCAPING REGULATIONS 6810 PURPOSE411 The purpose of the Landscaping Regulations is to enhance the beautification of the City through landscaping of the front and exterior side setback areas. Sections 6800 through 6899 shall be known as the landscaping regulations. 6820 APPLICABILITY 9apply Landscaping Regulations shall a 1 to all uses other than single-family, duplex , and zero lot-line residential uses, in the SF-1 , SF-2, MFR, LC, GC, HC, and HI zoning districts , and also in the Central Business District if a setback area is provided. Landscaping requirements for the River Development District shall meet the requirements of Section 3750 and may be greater than the requirements set out in this section. 6830 REQUIREMENTS A. All required landscaping shall be placed in the front and exterior- side setback area. I B. Tree (s) of at least 6 feet in height shall be provided (existing or planted) and replaced as necessary, as per the ratio of 1 tree per 40 linear feet or fraction thereof of street frontage. C. The required number of trees need not be placed uniformly alor II the setback area, but may be clustered in groups. D. Only trees maintained on the approved list of trees by the Parks & Recreation Department may be used to meet these requirements. E. All required landscaping shall be irrigated by either an underground sprinkler system, or a hose attachment within 100 feet of all landscaping. F. Landscaping shall not obstruct the view between the street and the access drives near the entries and exits, nor shall any k landscaping create an obstruction of view when located in the radius of curb return. G. The existing natural landscape character shall be preserved to fi the extent reasonably feasible. Existing trees in the front and 1 exterior-side setback area may be counted as part of the landscaping requirements. H. Existing trees on the street right-of-way shall not be cleared , Iunless authorized by the Director of Planning , who may authorize such clearing if no other reasonable alternative is 0 31 deemed possible. • 82 C C C 7000 Administrative Procedures 7000 ADM I N I STRAT I 'VE PI DCEDUFES 7100 SITE PLAN REVIEW PROCEDURE 7105 PURPOSE The purpose of the Site Plan Review Procedure is to allow for the evaluation of site and design features of selected uses, and to afford a procedure for mitigating potentially unfavorable effects on adjacent land uses. Sections 7100 through 7199 shall be known as the Site Plan Review Procedure. 7110 JURISDICTION The Building Official shall be responsible for the administration of the site plan review procedure. The Planning and Zoning Commission shall be responsible to review appeals to adminis- trative denials or conditions of approval of a site plan. 7115 SUBMISSION REQUIREMENTS The application for Site Plan Review shall include the following: A. Name, address, and phone number of the applicant. B. Address and legal description of the property. C. The location , height, and intended use of existing and proposed buildings. D. The location and number of existing and proposed parking and loading areas and curb-cuts. E. The location and height of existing and proposed of site improvements including signs, lighting, fencing, drainage improvements, landscaping, etc. F. The location and dimension of boundary lines, easements and required yards of all existing and proposed buildings. G. The types of adjoining land uses. 7120 APPROVAL AND APPEALS PROCESS The application for Site Plan Review shall be filed with the Director of Planning, who shall approve, conditionally approve, or disapprove a site plan within 21 days of the submission. A decision of the Director of Planning may be appealed to the Planning and Zoning Commission by filing such appeal with the Director of Planning along with any fee required by Section 7650, within ten (10) days of the Director of Planning 's decision. The appeal will identify in writing the specific 83 reasons for and basis of the appeal . The appeal shall be placed on the agenda' of the next regularly scheduled 'meeting of the Planning and Zoning Commission , but not less than fifteen (15) days from the date of receipt of such application , using the Public Notice procedure prescribed in Section 7615. 411 7125 REVIEW CRITERIA Site plans will be reviewed and evaluated for consistency with the Zoning Ordinance. 7130 LAPSE OF APPROVAL A site plan approval shall be valid for one year from the date of approval unless prior to such expiration date a building permit is issued and construction is commenced and diligently pursued towards completion. A site plan may be renewed for an additional year only upon application by the applicant; however , such renewal may be subject to additional conditions of approval . 7200 CONDITIONAL USE PROCEDURE 7205 PURPOSE The purpose of the Conditional Use Procedure is to allow for review of uses which would not be appropriate generally or withal, certain restrictions throughout a zoning district , but which , if controlled as to the number , area, location or relation to the neighborhood would promote the health , safety, and welfare of the community. The procedure is intended to allow broad public review and evaluation of the proposed development and to ensure adequate mitigation of potentially unfavorable impacts. Section 7200 through 7299 shall be known as the Conditional Use Procedure. 7210 JURISDICTION The Director of Planning shall be responsible for the adminis- tration of the Conditional Use Procedure, and the Planning and Zoning Commission shall be responsible for review, evaluation and action on all applications. 7215 SUBMISSION REQUIREMENTS An application for a Conditional Use Permit shall be submitted to the Director of Planning along with any applicable fee required by Section 7650, at least twenty-one (21 ) days prior to the regular meeting of the Planning and Zoning Commission. The application shall include the same submission requirements for Site Plan Review in Section 7115. 84 7220 PUBLIC HEARING AND NOTICE The Director of Planning shall schedule a public hearing at the next regular meeting of the Planning and Zoning Commission and shall provide notice as prescribed in Section 7620. 7225 REPORT OF THE DIRECTOR OF PLANNING The Director of Planning shall review the application and submit a report to the Planning and Zoning Commission. This report shall be made available to the applicant at least ten (10) days prior to the public hearing. 7230 ACTION BY THE PLANNING AND ZONING COMMISSION The Planning and Zoning Commission shall review the application against the Review and Evaluation Criteria established in Section 7235 and approve, conditionally approve, or disapprove the Condi- tional Use application. 7235 REVIEW AND EVALUATION CRITERIA The Conditional Use application shall be reviewed and evaluated using the following criteria: A. Conformance with applicable regulations and standards established by the Zoning Ordinance. B. Compatibility with existing or permitted uses on abutting sites, in terms of building height , bulk and scale, setbacks and open spaces, landscaping and site development , and access and circulation features. C. Potentially unfavorable affects or impacts on other existing or permitted uses on abutting sites, to the extent such impacts exceed those which reasonably may result from use of the site by a permitted use. D. Location, lighting, and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties. E. Safety and convenience of vehicular 'and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area considering existing zoning and land uses in the area. 7240 APPEALS PROCESS A decision of the Planning and Zoning Commission may be appealed to the City Council by filing such appeal with the Director of Planning along with any fee required by Section 7650, within ten (10) days of the Planning and Zoning Commission decision. The appeal shall be placed on the agenda of the next regularly 85 schdduled meeting of the City Council , but not less than fifteen (15) days, from the date of receipt of 'such appeal , using the Public Notice procedure prescribed in Section 7625 7245 LAPSE OF APPROVAL • A Conditional Use permit shall be valid for one year from the date of approval unless prior to such expiration date a building permit is issued and construction is commenced and diligently pursued towards completion. A Conditional Use permit may be renewed for an additional year by the Planning and Zoning Commission upon application . Such renewal may be subject to additional conditions of approval . 7250 MODIFICATION OF CONDITIONAL USE PERMIT Minor modifications of a conditional use permit may be modified if the Director of Planning determines such conditions will not change the intent and affect of the approval by the Planning and Zoning Commission. 7300 VARIANCE PROCEDURES 7305 PURPOSE The purpose of the variance procedure is to provide relaxation of the terms of the Zoning Ordinance, when owing to conditions • peculiar to the property and not the result of actions of the applicant , a literal enforcement of the ordinance would result in unnecessary and undue hardship. Sections 7300 through 7399 shall be known as the Variance Procedure. 7310 JURISDICTION The Director of Planning shall be responsible for the adminis- tration of the variance procedure, and the Board of Adjustments shall be responsible for review, evaluation , and action on all applications. 7315 APPLICABILITY A variance may be authorized only for development standards including sizes of lot area, yards, setbacks, heights, etc. This procedure shall not be applicable to establishment or expansion of a use which is otherwise prohibited or to grant relief from administrative procedures. • 86 7320 SUBMISSION REQUIREMENTS The application for Variance shall be submitted to the Director of Planning along with any applicable fee required by Section 7650 at least twenty-one (21 ) days prior to the regular meeting of the Board of Adjustments. The application shall include the follow- ing: A. Name, address, and phone number of the applicant (s) . B. Legal description of the property. C. Description of the nature of the variance requested. D. A narrative statement demonstrating that the requested variance conforms to the following standards: (1 ) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. (2) That literal interpretation of the provisions of this Ordinance would deprive the applicant of a right commonly enjoyed by other properties in the same district under the terms of this Ordinance. (3) That the special conditions and circumstances do not result from the actions of the applicant. (4) That the granting of the variance would otherwise be in harmony with the objectives of this Ordinance and would not confer upon the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district. E. Such other information as the Director of Planning may require. 7325 PUBLIC HEARING AND NOTICE The Director of Planning shall schedule a hearing by the Board of Adjustment by placing it on the agenda of the next regularly scheduled meeting of the Board , and shall provide notice as pre- scribed in Section 7630. 7330 REPORT OF THE DIRECTOR OF PLANNING The Director of Planning shall review the variance application and submit a report to the Board of Adjustment. This report shall be made available to the applicant at least ten (10) days prior to the public hearing. 87 7335 ACTION BY THE BOARD OF ADJUSTMENT The Board of Adjustment shall review the variance application against the Review and Evaluation Criteria established in Sectio+ 7340 and shall either approve or deny the request , unless it requires additional information before it can make a final determination. In such case, the Board shall request the specific information required and schedule a rehearing at its next regular meeting. The concurring vote of four members of the Board of Adjustment shall be necessary to grant a Variance. 7340 REVIEW AND EVALUATION CRITERIA The application for variance shall be reviewed and evaluated using the following criteria: A. The granting of the variance will not be contrary to the public interest. B. Special conditions exist , other than financial hardship alone, whereby a literal enforcement of the terms of this Ordinance will result in unnecessry hardship to the owner of the land. C. The variance will not permit an activity upon the land which is not allowed by the terms of this Ordinance. D. The granting of the variance is consistent with the intent of• this Ordinance, is in harmony herewith , and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 7345 LAPSE OF APPROVAL Any variance granted or authorized by the Board of Adjustment under the provisions of this Ordinance shall authorize the issuance of the building permit for a period of one hundred eighty (180) days from the date of favorable action of the Board , unless said Board shall have in its action approved a longer period of time and has so shown such specific longer period in the minutes of its action. If the building permit shall not have been applied for within said one hundred eighty (180) day period or such extended period , as the Board may have specifically granted , then the variance shall be deemed to have been waived and all rights there- under terminated. Such termination and waiver shall be without prejudice to a subsequent appeal and such subsequent appeal shall be subject to the same regulation and requirement for hearing as herein specified for the original appeal . • 88 v . 7400 ADMINISTRATIVE APPEALS 7405 PURPOSE The purpose of the Administrative Appeals procedure is to afford review of administrative actions. Appeals concerning the interpretation or administration of this ordinance may be made by any person aggrieved , where such action may be in error Sections 7400 through 7499 shall be known as Administrative Appeals. 7410 JURISDICTION Administrative Appeals shall be reviewed , evaluated, and acted on by the Board of Adjustments. 7415 APPEALS Appeals to the Board of Adjustment may be taken by any person aggrieved , or by any officer , department , or board of the City affected by the administrative decision of the Building Official or other officials having responsibilities for the administration or implementation of this Ordinance. 7420 SUBMISSION OF APPEALS All appeals shall be submitted within fifteen (15) days time after the decision is made upon which the appeal is based , by filing with the Director of Planning a Notice of Appeal , specifying the grounds upon which the appeal is based along with any fee required by Section 7650. The burden of proof shall rest with the appellant to establish the necessary facts to warrant favorable action by the Board. 7425 STAY OF PROCEEDINGS An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would , in his/her opinion , cause imminent 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 of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. 7430 PUBLIC HEARING AND NOTICE The Board of Adjustment shall hold a public hearing at its next regularly scheduled meeting , but no sooner than twenty-one (21 ) days. Notice of such public hearing shall be given as provided for in Section 7630. Upon the hearing any party may appear in person or by agent or by attorney. 89 7430 ACTION BY BOARD OF ADJUSTMENTS The concurring vote of four (4) members of the Board shall be necessary to reverse any order , requirement , decision or • determination of any such administrative official , or to decide in favor of the applicant on any matter upon which it is required to pass under these provisions. 7500 AMENDMENT PROCEDURE 7505 PURPOSE The purpose of the Amendment Procedure is to provide for changes in the text of the Zoning Ordinance (Text Amendment) and the application of the ordinance to property within the City of • Wichita Falls by means of the Zoning Maps (Rezoning) . Sections 7500 through 7599 shall be known as the Amendment Procedure. . 7510 JURISDICTION The City Council shall have jurisdiction with respect to Text Amendments and Rezoning. The Planning and Zoning Commission shall review and submit recommendations to the City Council on all such matters. 7515 INITIATION OF AMENDMENTS The City Council or the Planning and Zoning Commission may • initiate the amendment procedure. A rezoning may also be initiated by the owner (s) or authorized agent (s) of property as prescribed in this chapter . 7520 SUBMISSION REQUIREMENTS An application for rezoning shall be submitted to the Director of Planning along with any applicable fee required by Section 7650, at least twenty-one (21 ) days prior to the regular meeting of the Planning ?< Zoning Commission. The application shall include the following information: A. Complete name, address (including ZIP code) , and telephone number of applicant. B. Map of the area proposed for rezoning. C. Present use. D. Present zoning district . E. Proposed use. • 90 F. Proposed zoning district. G. A vicinity map at a scale approved by the City Planning Division showing property lines, streets, existing and proposed zoning and such other items as the Director of Planning may require. 7525 PUBLIC HEARING AND NOTICE The Director of Planning shall schedule a public hearing at the next regular meeting of the Planning and Zoning Commission and shall provide notice as prescribed in Section 7635. 7530 REPORT OF THE DIRECTOR OF PLANNING The Director of Planning shall review the application for rezoning and submit a report to the Planning and Zoning Commission. This report shall be made available to the applicant at least ten (10) days prior to the public hearing. 7535 ACTION OF THE PLANNING AND ZONING COMMISSION The Planning and Zoning Commission shall determine as to whether the change is consistent with the objectives of the Comprehensive Plan and shall make recommendations to the City Council . The Planning and Zoning Commission may recommend a more restrictive classification than that requested by the applicant. 7540 ACTION BY THE CITY COUNCIL A. Upon receiving a recommendation from the Planning and Zoning Commission , the City Council shall hold a public hearing on the Text Amendment or Rezoning. Notice of the public hearing shall be given and prescribed in Section 7635. B. If the City Council finds that the proposed change is consistent with the objectives of this Ordinance or the Comprehensive Plan , it may make such amendment by passage of an ordinance. C. Such amendment shall require three—fourths (3/4ths) vote of the City Council if protest of the amendment has been filed 'with the Director of Planning , duly signed and acknowledged by the owners of at least twenty per cent (20%) of the lots included in the proposed change or of the lots or land immediately adjoining the same and extending 200 feet therefrom. 91 7545 RESUBMISSION OF REQUEST Upon denial of a request for an amendment or change by the City Council , no identical request may be submitted within twelve (12Alk months from the date of the original request unless the applican can show that substantial changes affecting the respective property have occurred. • • 7600 PUBLIC NOTICE PROCEDURES AND FEE SCHEDULE 7605 PURPOSE The purpose of this public notice procedure is to establish the minimum requirement for notice to be given with respect to public hearings required by this ordinance. The purpose of the fee schedule is to establish fee applications and permits in order to defray administrative costs. Sections 7600 through 7699 shall be known as Public Notice Procedures and Fee Schedules. 7610 PROCEDURE FOR NOTIFYING PROPERTY OWNERS Wherever public notice calls for notifying property owners by mail , such notice shall be served by depositing the same, properly addressed and postage paid , in the Wichita Falls post office, not less than ten (10) days before the date set for the public hearing to all such owners who have rendered their property for City taxes as the ownership appears on the last official City tax roll . 7615 PUBLIC NOTICE FOR SITE PLAN REVIEW APPEALS Notice of public hearing by the Planning and Zoning Commission for a Site Plan Review appeal shall be given as follows: Notice of the public hearing shall be posted at least 72 hours prior to the public hearing in accordance with the Open Meetings Law. 7620 PUBLIC NOTICE FOR CONDITIONAL USE PERMITS Notice of public hearing for a Conditional Use permit by the Planning and Zoning Commission shall be given as follows: A. Notice shall be given to property owners of real property lying within 200 feet of the property on which a conditional use permit is being sought. Such notice shall be given at least ten (10) days prior to the public hearing in accordance with procedures prescribed in Section 7610. B. Notice of the public hearing shall be posted at least 72 hours prior to the public hearing in accordance with the Open Meetings Law. 7625 PUBLIC NOTICE OF CONDITIONAL USE APPEAL Notice of public hearing by the City Council for a Conditional Use permit appeal shall be given as follows: Notice of the public hearing shall be posted at least 72 hours prior to the public hearing in accordance with the Open Meetings Law. 93 A ' 7630 PUBLIC NOTICE FOR VARIANCES AND ADMINISTRATIVE APPEALS Notice of the public hearing for a variance or administrative appeals shall be given as follows: 11111111 A. Notice of the public hearing shall be posted at least 72 hours� `y prior to the public hearing in accordance with the Open Meetings Law. B. Notice shall be given to the parties in interest by mail at least ten days prior to the public hearing date. 7635 PUBLIC NOTICE FOR ZONING AMENDMENTS Notice of zoning amendments shall be given as follows: A. PLANNING AND ZONING COMMISSION PUBLIC HEARING 1 . Notice of the public hearing shall be published at least 15 days prior to such public hearing date in a newspaper of general circulation in Wichita Falls. 2. Written notice shall be given to property owners of real property of the area of the lots or land included in such proposed change and of the lots or land immediately adjoining the same and extending 200 feet therefrom. Such notice shall be given in accordance with the procedure prescribed in Section 7610. Notice of the public hearing shall be posted at least 72 • hours prior to the public hearing in accordance with the Open Meetings Law. B. CITY COUNCIL PUBLIC HEARING The notice of the City Council public hearing on a zoning amendment will be similar to the procedure prescribed for the Planning and Zoning Commission public hearing. However , such notice shall not be given concurrently with the Planning and Zoning Commission notice. C. At least fifteen (15) days prior to the date of the Planning and Zoning Commission public hearing , the applicant or his agent shall place a sign or signs on the property proposed for rezoning. Such signs shall be placed on the property , within ten feet and parallel to any street right-of-way, and shall be visible from such street. These signs shall be furnished by the City for a fee prescribed in this ordinance, and the applicant shall use best effort to maintain posting throughout the period of the public hearings. 94 7650 FEE SCHEDULE The following fees shall be required from the applicant or his agent at the time of submission of any of the applications listed below: A. Site Plan Review Application: No fee. Site Plan Review Appeal : $25.00. B. Conditional Use Permit Application: $25.00 + $0.50 for each property owner notified by mail . Conditional Use Permit Appeal : $25.00. C. Administrative Appeals: $25.00. D. Zoning Amendments (Rezoning) : Basic fee: $100.00. Notification fee: $1 .00 /ea. property owner notified by mail . Publication cost: As required. Rezoning signs: $25.00 per sign refundable if sign is returned within 30 days. 7700 ENFORCEMENT The provisions of the Zoning Ordinance shall be administered and enforced by the Planning Director. Sections 7700 through 7799 shall be called Enforcement. 7705 DUTIES OF THE PLANNING DIRECTOR For the purpose of this Ordinance, the Planning Director shall have the following duties: A. Responsible for the general administration of the Zoning Program as outlined in this Ordinance and ensuring compliance with its various provisions; • B. Upon finding that any of the provisions of this Ordinance are being violated, notify in writing the persons responsible for such violation (s) , ordering the action necessary to correct such violation; C. Order discontinuance of illegal uses of land, buildings, or structures; D. Order removal of illegal buildings or structures or illegal additions or structural alterations; E. Order discontinuance of any illegal work being done; or, 95 F. Take any other action authorized by thi's Ordinance to insure compliance therewith or to prevent violations thereof . This may include the issuance of and action on zoning permits and certificate of occupancy permits and such other administrative duties as are permissible under the law. 7800 BOARD OF ADJUSTMENT • 7805 ESTABLISHMENT It is hereby created and established a Board of Adjustment which shall be organized and have all the powers and authority as set forth in the Charter of the City of Wichita Falls, Texas and Article 1011g , Vernon 's Texas Civil Statutes, or as the same is hereafter amended. 7810 ORGANIZATION AND MEMBERSHIPS The Board of Adjustment shall consist of five (5) members who shall be residents of the City. The Board members shall be appointed by the City Council . The terms of such members shall be for a period of two (2) years; however , the terms shall be so staggered that not more than three ( ) will be appointed during any one calendar year. The first Board shall have three (3) members appointed for terms ending on December 31 , 1986, and two (2) members appointed for terms ending December 31 , 1985. The length of service of any member of the 0 Board of Adjustment shall not be for more than six (6) consecuti years; however , a member may be reappointed after an absence of (2) years. The City Council shall nominate one of the members as chairman , and the chairman shall appoint a vice chairman , both of which shall not serve more than a two (2) year term. The City Council also shall appoint four (4) alternate members who shall serve in the absence of one or more of the regular members when requested to do so by the Mayor or the City Manager. All appointees shall serve without compensation and may not hold an elective office of the State of Texas or political subdivision thereof . 7815 VACANCIES AND REMOVAL FROM OFFICE Members of the Board of Adjustment may be removed by the City Council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause. 7820 QUORUM For the purpose of transacting any business, four (4) members of the Board of Adjustment shall constitute a Quorum and actions of the Board shall be approved by a majority vote, except that a 96 concurring vote of four (4) members of the Board shall be required to make a favorable determination for an application on any matter upon which it is required to pass under this ordinance or to effect any variation in this ordinance. 7825 RULES OR PROCEDURE The Board of Adjustment shall adopt its own rules of order and procedure to regulate both the actual meeting of the Board and the activities directly related thereto. The rules shall deal only with procedural matters and shall be available to the public and kept on file in the Planning Department. 7830 PUBLIC MEETING REQUIRED All meetings of the Board of Adjustment shall be open to the public. The Board shall meet not less than once each month or as necessary. 7835 POWERS AND DUTIES The Board of Adjustment shall have the power and it shall be its duty: A. Administrative Appeal . To hear and decide appeals, where it is alleged there is an error in any order , requirement, decision , or determination made by any Administrative Official of the City in the enforcement of this Ordinance. The concurring vote of four (4) members of the Board shall be necessary to reverse any such order, requirement, decision, or determination , or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the ordinance. B. Variance. To authorize upon appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special condi- tions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship and the granting of the variance would provide substantial Justice conforming with the spirit and intent hereof . • 7840 RECORDS The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote indicating such fact and shall keep a record of its examination and other official actions, all of which shall be filed in the office of the Planning Department and shall be a public record. 97 7900 PLANNING .AND ZONING COMMISSION 7905 ESTABLISHMENT For purposes of the administration of this ordinance, the Planni Board shall function as the Zoning Commission and shall hencefor,, be identified in this ordinance as the Planning and Zoning Commis- sion. It shall have the duties, powers and responsibilities as outlined below. 7910 QUORUM For the purpose of transacting any business, five (5) members of the Planning and Zoning Commission shall constitute a quorum, and all •actions of the Commission shall be approved by a vote of no less ' than five (5) affirmative votes. 7915 POWERS AND DUTIES The Planning and Zoning Commission shall have the power and it shall be its duty: • A. To review and take action on appeals to the Site Plan Review Procedure. B. To conduct public hearings, review and take action on a Conditional Use Permit application. C. To conduct public hearings on any applications or proposals for any amendment , supplement , or other change to the Zoning111 Ordinance and make recommendations to the City Council . D. To act with and assist all other municipal and governmental agencies, and particularly the City Council , in formulating and executing proper plans of municipal development and growth including annexation and disannexation. 411 93 { C 8000 Zoning District Map AAA 5000 Z ORI 104M DISTRICT MAP 8010 DELINEATION OF ZONING DISTRICTS The boundaries of the zoning districts described in the Zoning Ordinance are delineated on the Zoning Map of the City of Wichita Falls. The Zoning Map, together with all legends, symbols, notations, references, district boundaries, and other information thereon shall be considered part of this Ordinance as if the same were set forth herein in detail . The Zoning Map may be prepared in sections as required to adequately portray the boundaries of districts. 8020 OFFICIAL ZONING MAP Three (3) original , official , and identical copies of the Zoning Map are hereby adopted bearing the signature of the Mayor and attestation of the City Clerk and shall be filed and maintained as follows: A. One (1 ) copy shall be filed with the City Clerk and retained as the original record and shall not be changed in any manner. B. One (1 ) copy shall be filed with the Building Official and shall be maintained up-to-date by the Director of Planning by posting thereon changes and subsequent amendments. C. One (1 ) copy shall be filed in the Planning Department and shall be maintained up-to-date by the Director of Planning by posting thereon all changes and amendments. 8030 BOUNDARIES OF ZONING DISTRICTS The zoning district boundary lines shown on the Zoning Map are usually along streets, alleys, property lines, or extensions thereof . When uncertainty exists with respect to the zoning districts as shown on the Zoning Map , the following rules shall apply: A. Boundaries indicated as approximately following the center lines of streets, alleys, or highways shall be construed to follow such center lines. B. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line. Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines. C. In case of a district boundary line dividing a platted lot into two parts, the district boundary line shall be construed 99 __ _ . , . ^ ° t/z be the nearest property line. ^ D. Bomndgries indicated as parallel to or extensions of features ~ indicated in subsections A. through C. above, shall be so - ^ construed. Distances not specifically indicated on the Zonin, �� Map shall be determined by the scale of the map. 8040 CLARIFICATION OF BOUNDARY LOCATION All questions concerning the exact location of district boundary lines or the meaning and intent of textual provisions of this Ordinance shall be determined by the Planning and Zoning Commission according to the rules and regulations which may be adopted by it. 100 ) ) )% , , O \ o ,, )fl J) •o �' 1 �� a. 1 0 .� m 8 4" 4 Z .r.s do .a> .5 g li A u ig 7,mopyp ,qp, „ � c cSi 0. ,, :13.— ms 0 71)/ gi•e ms on" 0 ›, .4., E / ,i . .:+ .Q y „ , t 8 4 ++aa p CC.) d1 r d y.. L. owl oIa ez: .,4 4;4 ...?: i - c, -z •0 ,,w 4o aXI an:04 op. El 0'0 O A c . a C Qp'' P. U .«. +a a •C 3 Ca U tiz ^, n� 3a� i <1< oW�Wz«�W: VOU4W�tatid Q=p ..111,14.14a••.u4•8�e acww0ZuiZ 6 0 p►•X oGmU�r -W NiuNZZWZ�< m r-; '1 11111 It- 70? 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