Wichita Falls City Zoning Code
5000 SUPPLEMENTAL
USE REGULATIONS
§ 5105 Purpose.
The purpose of the home occupation provisions is to allow for the use of a portion of a residential structure for a nonresidential use which is clearly an accessory use to the existing residential use and does not change the residential character of the site and/or neighborhood. Sections 5100 through 5199 will be known as the home occupation provision of the zoning ordinance.
(Ordinance 101-94, sec. 1, adopted 8/2/94)
§ 5110 Applicability.
The home occupation provision shall be applicable only to single-family and multifamily zoning districts, and single-family residences or units originally designed as single-family dwellings in the residential mixed use district.
The director of community development or his designee shall have the responsibility of enforcement of the provisions shown herein.
(Ordinance 101-94, sec. 1, adopted 8/2/94)
§ 5115 Home occupation as accessory use only.
The home occupations 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 practitioner. A detached building may be used for the home occupation as long as the use of the structure maintains the same residential character as found with other structures in the same neighborhood and conforms with other requirements found herein.
If the practitioner has two or more residences on a single lot, a home occupation shall be limited to only one residence which is the bona fide residence of the practitioner.
(Ordinance 101-94, sec. 1, adopted 8/2/94)
§ 5120 Residential character to be maintained.
The residential character of the lot and dwelling shall be maintained by the following:
1.
The exterior of the dwelling shall not be altered in any manner so as to accommodate a home occupation.
2.
An accessory building may be added on the property to accommodate the home occupation if the accessory building maintains the same residential character as the primary structure.
3.
No more than 25 percent of the total gross floor area, not to exceed 500 square feet, of the residential building may be used for the home occupation or associated storage not contrary to the regulations provided herein.
4.
No equipment, material or merchandise associated with the home occupation shall be displayed or stored where visible from anywhere off the premises.
5.
No signs advertising the home occupation shall be placed on the premises.
6.
The home occupation shall not require or utilize pick-ups or deliveries by vehicles exceeding 19,000 pounds gross vehicle weight (GVW) to support the home occupation.
7.
No chemicals, fuels or hazardous materials of any type will be stored on premises other than the amount normally associated with a typical residential use.
8.
No outdoor lighting, intended for security or other reasons, shall be permitted to produce glare onto adjacent residential properties, or light onto adjacent residential properties greater than 0.3 footcandles as measured at the property line. For the purpose of this provision, glare is defined as the viewing of a light source to include the bulb and any associated reflector as part of a light fixture, or the reflected viewing of a light source from an object not associated with the light source.
9.
No commercial vehicle exceeding 9,000 pounds gross vehicle weight (GVW) shall be permitted to park overnight on the premises of a home occupation or within the residential neighborhood.
(Ordinance 101-94, sec. 1, adopted 8/2/94)
§ 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. The dwelling unit shall not be used as a place of congregation for work off the premises.
(Ordinance 101-94, sec. 1, adopted 8/2/94)
§ 5130 Use limitations.
Home occupations shall be subject to the following use limitations:
1.
No direct selling of merchandise shall be allowed. However, storage of merchandise for delivery may be permitted subject to the following limitations:
2.
No outdoor lighting, intended for security or other reasons, shall be permitted to produce glare or light onto adjacent residential properties.
3.
The home occupation, structure used for the home occupation, or any situation as a result of the home occupation, shall not generate any noise, glare, odor, light, vibration, or like sensory impacts, not normally associated with a typical residential use, and for a length of time or frequency normally associated with a typical residential use, onto an adjacent residential property.
4.
Garage sales shall be permitted no more than four times per calendar year, with such garage sales lasting no more than three consecutive days each time.
5.
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.
(Ordinance 101-94, sec. 1, adopted 8/2/94)
§ 5135 Hours of operation.
The hours of operation shall be limited to no earlier than 8:00 a.m. and no later than 9:00 p.m.
(Ordinance 101-94, sec. 1, adopted 8/2/94)
§ 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 5255 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.
§ 5225 Building coverage.
The maximum building coverage shall be 60 percent of the lot area.
(Ordinance 103-86, sec. 1, adopted 12/16/86)
§ 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 percent 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 feet. The same side setback requirements shall be observed by 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 five feet shall be required.
C.
An exterior side setback of at least 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 by notation on the plat.
(Ordinance 81-90, sec. 5, adopted 12/6/90)
§ 5245 Front setback.
The minimum front setback requirements shall be 25 feet, except for rear access subdivision where reduced setback as per section 4240 shall apply.
(Ordinance 81-90, sec. 2, adopted 12/6/90)
§ 5250 Rear setback.
[The minimum rear setback for] single-family and duplex dwellings [shall be] five feet minimum from common lot line or one foot minimum from an alley. (See section 6500 for accessory structure setbacks and section 6210 for setback requirements for rear vehicular access.)
(Ordinance 28-86, sec. 3, adopted 4/1/86; Ordinance 27-90, sec. 4, adopted 5/1/90; Ordinance 81-90, sec. 3, adopted 12/6/90)
§ 5255 Parking requirements.
The minimum off-street parking requirements for the site shall be determined at the rate of two off-street parking spaces for each dwelling unit, of which at least one 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 (Reserved)
Editor’s note – Section 5 of Ord. No. 81-90, adopted Dec. 6, 1990, deleted sec. 5260, which pertained to the site plan.
§ 5265 (Reserved)
Editor’s note – Section 5 of Ord. No. 81-90, adopted Dec. 6, 1990, deleted sec. 5265, which pertained to covenants.
§ 5310 Purpose.
The purposes 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 (Reserved)
§ 5330 Structure separation.
The minimum separation of structures shall be ten feet.
§ 5335 Dwelling units per structure.
There shall be at least three dwelling units and not more than ten dwelling units per structure.
§ 5340 Height.
The maximum height of a structure shall be 35 feet.
§ 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 courtyard rather than a public street, a rear setback will be required.
§ 5350 (Reserved)
Editor’s note – Ord. No. 27-90, sec. 5, adopted May 1, 1990, deleted sec. 5350, which pertained to side and rear setbacks.
§ 5410 Definitions and terms.
All definitions and terms used in this section shall be the same as the definitions and terms of the Texas Alcoholic Beverage Code, as amended.
(Ordinance 84-85 adopted 8/6/85)
§ 5430 Sales near churches, hospitals and schools.
A.
The sale of alcoholic beverages within the city by any dealer whose place of business is within 300 feet of a church or public hospital, the measurements to be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections, is hereby prohibited.
B.
The sale of alcoholic beverages within the city by any dealer whose place of business is within 300 feet of a public or private school is hereby prohibited. The measurements of the distance between the place of business where alcoholic beverages are sold and the public or private school shall be in a direct line from the property line of the public or private school to the property line of the place of business, and in direct line across intersections. If the place of business where alcoholic beverages are sold is located on or above the fifth floor of a multistory building, the method of measurement shall be in a direct line from the property line of a public or private school to the property line of the place of business, in a direct line across intersections, and vertically up the building at the property line to the base of the floor on which the permit or license holder is located.
C.
Exceptions when locating within 300 feet from a private school. Subsection B does not apply to the sale of alcoholic beverages if the business holds a food and beverage certificate and is located within 300 feet of a private school, or the business is a premises where minors are prohibited from entering under Texas Alcoholic Beverage Code sec. 109.53, as amended, and is located within 300 feet of a private school. In this section, “private school” means a private school, including a parochial school that offers a course of instruction for students in one or more grades from kindergarten through grade 12, and has more than 100 students enrolled and attending courses at a single location.
(Ordinance 84-85 adopted 8/6/85; Ordinance 30-89, sec. V, adopted 5/2/89; Ordinance 54-2003, sec. 2, adopted 3/18/03)
§ 5510 Distance separation required.
A person commits an offense if he operates or causes to be operated within 1,000 feet of a church, a public or private elementary or secondary school, a United States military installation which contains a training school for armed forces members, a residential dwelling unit in which one or more persons maintain a residence, a public park, or another business of a type hereinafter enumerated in this section, a business of one of the following types:
A.
An adult bookstore as hereinafter defined.
B.
An adult motion picture theater as hereinafter defined.
C.
A business or enterprise which offers for a consideration nude human modeling.
D.
A business or enterprise that offers for a consideration physical contact between persons when one or more of such persons are nude or semi-nude.
E.
A bar, nightclub or other similar commercial establishment that offers as entertainment, for the purpose of providing sexual stimulation to the customers of such establishment, live performances by a person or persons who expose specified anatomical areas or who perform specified sexual activities.
F.
An adult arcade as hereinafter defined.
G.
An adult motel as hereinafter defined.
H.
An adult theater as hereinafter defined.
I.
An escort agency as hereinafter defined.
For the purposes of this section, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building used as a business or enterprise enumerated in this section to the nearest portion of the building used by another business or enterprise so enumerated or to the nearest property line of the premises of a church, a public or private elementary or secondary school, a United States military installation on which is located a school for training armed forces members, or public park, or to the nearest portion of a building used as a residential dwelling unit in which one or more persons maintain a residence. |
(Ordinance 20-94, sec. 2, adopted 3/1/94)
§ 5520 Exception to 5510C.
It shall be a defense to prosecution under subsection C above that the business or enterprise is one of the following:
1.
A proprietary school licensed by the state.
2.
A college, junior college or university supported entirely or partly by taxation.
3.
A private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.
(Ordinance 20-94, sec. 2, adopted 3/1/94)
§ 5530 Sexually oriented commercial establishment defined.
When used in this section, the following words shall have the following meanings:
A.
Adult bookstore.
An establishment which as one of its primary business purposes offers for sale, rental or trade for any form of consideration books, magazines, periodicals or other printed materials, photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual reproductions which are distinguished or characterized by an emphasis on matters depicting, describing or related to “specified sexual activities” or “specified anatomical areas”; or instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activity” or which depict “specified anatomical areas”.
B.
Adult motion picture theater.
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by an emphasis on “specified sexual activity” or the exposure of specified anatomical areas.
C.
Specified sexual activities.
1.
Human genitals in a state of sexual stimulation or arousal;
2.
Sex acts, normal or perverted, actual or simulated, including intercourse, masturbation, oral copulation, or sodomy;
3.
Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts;
4.
Excretory functions as part of or in conjunction with any of the activities set forth in [subsections C.]1 through 3 [of this section.].
E.
Semi-nude.
A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breasts, as well as portions of the body covered by supporting straps or devices.
F.
Adult arcades.
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devises are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
G.
Adult motels.
A motel, hotel, or similar commercial establishment which:
1.
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” and which has a sign visible from a public right-of-way which advertises the availability of this type of photographics; or
2.
Offers a sleeping room for rent for a period of time that is less than ten hours; or
3.
Allows a tenant or an occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
H.
Adult theaters.
A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are distinguished or characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.
I.
Escort.
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who, for consideration, agrees or offers to privately model lingerie or to privately perform a striptease for another person.
J.
Escort agency.
A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
(Ordinance 20-94, sec. 2, adopted 3/1/94)
§ 5560 Conditional use permit required.
No person shall operate a business of the type described in section 5510 without a conditional use permit authorizing such operation. The director of community development shall provide the necessary forms, and shall establish the procedures for the application for and issuance of such permits. Such permits shall be issued by the director of community development, for which a fee as approved by the city council shall be charged.
(Ordinance 20-94, sec. 2, adopted 3/1/94)
§ 5605 Purpose.
The purpose of manufactured housing and temporary use vehicle regulations is to determine the applicability of a proposal for siting of mobile homes, manufactured housing and temporary use vehicles; to establish regulations related to their placement; to provide increased opportunities for home ownership; to recognize that manufactured housing and mobile homes have limitations on portability; that a mobile home or manufactured housing unit may experience consequences to the integrity of the structure by the displacement of the structure following initial placement; to provide standards relevant to appearance and compatibility; to associate the housing units with traditional site-built housing through aesthetic detailing, performance and permanence; to recognize effects upon adjacent properties in value and/or appearance; and to address public health, safety, morals and general welfare in the short and long term.
(Ordinance 71-2000, sec. 1(5605), adopted 7/5/00)
§ 5610 General regulations.
A.
No mobile home, as defined herein, shall be placed, replaced or relocated within the city limits.
B.
An existing mobile home as defined herein may remain on an existing site if it is habitable and meets minimum housing standards of the city, but may not be expanded or replaced with another mobile home or a manufactured home not permitted herein. Any proposed attendant structure shall require a conditional use permit using procedures under section 7200. The home shall be allowed to receive repairs to comply with building or health codes.
C.
Remodeling or reconstruction, following a natural disaster or a calamity that makes a mobile home uninhabitable, may occur if the cost for remodeling or reconstruction does not exceed 50 percent of the value of the structure immediately prior to the remodel or reconstruction according to the latest tax rolls. Permitted remodeling or reconstruction of a mobile home shall be in accordance with city codes. Permitted remodeling or reconstruction of a manufactured housing unit shall require inspection and approval by a HUD-certified inspector. No replacement mobile home as defined herein or manufactured housing unit prohibited herein shall be used to fulfill the intent of this provision.
D.
With the exception of manufactured housing proposed for locating within mobile home/manufactured housing parks, no mobile home or manufactured housing unit may be relocated from one site to another site within the city limits. This provision does not include the location or placement of new manufactured housing. For the purpose of this definition, new manufactured housing is housing that has never been occupied for any reason including as a sales office unless approved by the Department of Community Development, used as a temporary residence or for commercial use, has never been involved in an accident, nor has received weather-related damage that at any time has affected its structural integrity nor has visible signs of damage.
E.
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 Vernon’s Ann. Civ. St. art. 5221.
F.
No existing mobile home, existing or proposed manufactured housing unit, existing or proposed temporary use vehicle, within or outside of a park, shall be used for any purpose other than for permanent or temporary residential habitation as may be determined by the nature of the unit or vehicle. This provision does not include those situations where such units are used for temporary use as approved by the Department of Community Development.
G.
Any existing or proposed mobile home or manufactured housing unit must at all times be habitable.
(Ordinance 71-2000, sec. 1(5610), adopted 7/5/00)
§ 5615 Manufactured housing as in-fill development.
Manufactured housing as new or in-fill development shall be subject to a conditional use permit process by the Commission. The Commission shall evaluate the compatibility of the proposal based upon the following criteria:
A.
Compatibility with neighborhood.
1.
The square footage contained in the housing is comparable to those of existing housing units in the immediate residential neighborhood or subdivision.
2.
The unit shall not be less than 22 feet wide.
3.
The pitch of the main roof of the housing shall not be less than a 3:12 pitch, with eaves projecting not less than six inches.
4.
The housing unit shall have a covered entry or dormer on any entry visible from a public street or right-of-way.
5.
The unit shall be permanently attached or affixed to a permanent foundation system. All portions of the transportation system including wheels, axles, towing apparatus, lighting or other such conditions which are not an integral part of the structure shall be removed before the housing is permanently attached or affixed. The permanent foundation system shall be as follows:
a.
A continuous concrete slab with a minimum thickness of four inches.
b.
A below grade continuous concrete beam shall be an integral part of the slab placed under the perimeter of the unit, and under those portions of the chassis that bear the structural load of the unit. The minimum beam dimension shall be 10 inches wide by 12 inches high or as designed and sealed by a registered professional engineer. Concrete support piers from the slab foundation to the chassis shall be installed according to the installation manual for the unit or as required by the state.
c.
State-approved tie-down anchors shall be installed in the slab.
6.
The distance between finished grade and the bottom of the exterior walls shall not exceed 30 inches.
7.
The foundation fascia shall form a complete brick or stone enclosure under exterior walls except where needed for normal ventilation or ingress/egress as approved by the city.
8.
The driveway, sidewalks, and other such site elements shall conform to adjacent housing units in similar or approximate location and construction materials.
9.
The facing of the unit shall be in relationship to a public street, or private street where allowed, and shall be located where the apparent entrance or front of the home faces or parallels the street frontage, except where the lot size exceeds one acre, is setback a minimum of 100 feet, or is in the same facing as adjacent or neighboring structures, except as provided herein or as approved by the Commission.
10.
The unit shall conform to the minimum front, side, and rear yard setbacks, and height of the district where permitted or as required by the Commission.
B.
Application and site plan.
1.
The request for a conditional use permit for the siting of manufactured housing shall be accompanied by a site plan to address the following:
a.
The location of the housing on the lot with dimensioning of housing unit, accessory buildings or additions, and setbacks;
b.
The location of driveways, front entrance sidewalks, vehicle entrance points, how the unit will face and the front entrance point;
c.
The location of adjacent or neighboring housing with their setbacks, driveway locations, sidewalks, facing of the structure(s) in relation to a public street and other site elements;
d.
A description of the housing’s exterior materials including siding, roofing, awnings or canopies, door and window details, chimney(s), and other elements;
e.
A description as to how [subsection] 5615A is to be addressed;
f.
Other elements or features determined by the city needed to ensure compatibility; and
g.
Description of the installation maneuvering area describing how the installation and maneuvering will not encroach on adjacent properties.
2.
A request for a conditional use permit for the siting of manufactured housing shall be accompanied by a detailed description of the proposed manufactured housing. At a minimum, the description shall include the following:
a.
A picture of exterior elevations and floor plans of the proposed manufactured housing unit with necessary descriptions or comments intended to provide further information addressing compatibility; and
b.
A statement from the dealer attesting that the structure has not been used for commercial purposes or installed, placed or inhabited as prohibited herein, nor has it been modified in any way that has not been approved by a HUD-certified inspector.
C.
Inspection.
The city shall verify adjacent or neighboring site conditions as shown on the site plan to ensure compatibility with the proposed use, and shall issue a report of findings to the Commission as may be required. The Commission shall include the findings into its consideration of a conditional use permit, and may require conditions on the placement of the manufactured housing to ensure compatibility with the neighborhood or subdivision.
(Ordinance 71-2000, sec. 1(5615), adopted 7/5/00)
§ 5620 Mobile home/manufactured housing parks.
A.
Intent.
Mobile home/manufactured housing parks are recognized as alternatives to traditional neighborhood environments due to the transient nature of the dwelling without association to the land by the property user. The intent of regulations involving mobile home/manufactured housing parks is to ensure that mobile home/manufactured housing parks are created and maintained so as to provide a healthy, safe and clean environment conducive to the enjoyment of families, provide a positive image of the city through appearance and function, require responsibility in operation and use and which provides a method for ensuring that such parks maintain the intent of the purpose and intent of the regulations.
B.
Park license.
For the purpose of section 5620, [the term] “park” shall be a mobile home/manufactured housing park.
1.
No person, firm or corporation shall operate or maintain a park within the city limits without first having secured a park license from the city.
2.
The application for license shall be made on forms provided by the city. Licenses shall be granted only after inspection and approval of the park by the city.
3.
The application for license shall be accompanied by a fee of $500.00 for each park or portion thereof.
4.
No license may be issued or reissued for a park unless the plans for such park have been approved according to the requirements under this provision.
5.
No license may be issued or reissued for a park if the park owner is delinquent in payment of city taxes or has a recorded lien by the city on the property.
6.
A license shall be valid for the period of park operation, unless such is revoked or otherwise suspended as provided or required herein.
7.
Every park shall have an office in which a copy of the park permit (license) shall be posted and the park register shall be in such office. It shall be the duty of the licensee to keep a register of park occupancy, which shall contain the following information:
8.
It shall be the responsibility of the licensee to ensure that all requirements of this section are met and maintained. Any park that is found to be in violation of any provision of this section shall be notified in writing to cease such violation within ten days of notification. If after ten days the violation has not ceased, the city shall forward a notice of license revocation to the owner of the park.
9.
Revocation of the license shall mean that no future licenses or permits may be issued to the park, no additional housing units or temporary use vehicles shall be installed until said violation(s) have ceased, all fines issued as a result of violation(s) or liens have been paid, and that any taxes owed have been paid. The revocation of a license shall be for a period of up to 90 days. Should said violation persist without any reasonable action taken by [the] park owner to correct deficiencies within the 90-day period, the city may thereafter impound, confiscate or take other such action to preserve or protect the health, safety and general welfare and integrity of the park, its users and the city to ensure compliance with the intent and purpose of the regulations at the expense of park owners. Reissuance of a park license may be subject to the same terms and conditions as a new license.
10.
Where the Commission was required at any time to provide the necessary authority for an action required under this regulation, the Commission may revoke such authorization. The Commission may order the removal of housing unit(s) and/or temporary use vehicles following processes established or deemed appropriate by the city. The Commission may order discontinuance of a park found not in compliance with the terms of these regulations, following procedures established herein.
11.
No park shall be subdivided for the sale of individual lots, pads or spaces. The subdivision of any park shall require the submission and approval of a revised site plan and a plat or replat.
C.
Site plan.
A site plan addressing all requirements herein shall be submitted prior to park approval, or submission to the Commission where required. No license may be issued to a park unless a site plan as been submitted and approved by the city, and the Commission where required. The site plan shall be scaled and dimensioned at [one] inch [equals] 100 feet with the following information:
1.
Name, address, fee owner and record owner of the park.
2.
Name of subdivision where the park is located.
3.
Names and widths of existing or planned adjacent public streets and roads.
4.
Contour lines at two-foot intervals as may be required.
5.
Locations and dimensions of all pads or spaces, utility easements, drives, recreation areas, streets and sidewalks in conformance with requirements herein.
6.
Building setback lines from public streets and adjacent property.
7.
Distinct number or address for each pad or space.
8.
Area of site.
9.
Areas defined for solid waste containers as required by the city.
10.
Boundary description of park property.
11.
Location of stormwater detention facility(ies) as required by the city.
12.
A fire hydrant within 500 feet hose lay distance of each pad or space.
14.
Other information as required by the city, Commission, or city council, as applicable, to ensure compliance with requirements herein, and to review the function of the proposal, with the intent of requiring modifications to the plan to address city policies and regulations intended to protect the public’s health, safety, morals and general welfare.
15.
After approval by the Commission, two copies of the approved site plan with changes or modifications required prior to such approval, and one copy of all approved construction and utility plans showing all required changes shall be submitted to the city. Both copies of the site plan shall be signed by the chair[person] of the Commission and the secretary of the Commission. The site plan shall contain the following statement:
This site plan has been submitted to and considered by the Commission of the City of Wichita Falls, Texas, and is hereby approved by such Commission. |
Dated this _____ day of _____, 20___. |
By: ____________________ Chairman |
By: ____________________ Secretary |
16.
A final plat must be recorded by the county clerk before final approval of the site.
17.
The city may issue a license after approval of a final plat and site plan; however, no home may be placed on an individual home space which does not comply with requirements herein.
D.
Park development standards.
1.
Setbacks.
a.
Front: Ten feet from back of curb measured to outside wall or from any attachment which may exist, whichever is greater.
b.
Exterior side setback: 15 feet.
c.
Interior side setback: 15 feet between units.
d.
Rear setback: Ten feet minimum measured from outside wall to the rear lot line.
e.
From service building: 15 feet minimum.
f.
Exterior from public right-of-way: 25 feet minimum for units and fence or wall.
g.
Storage buildings up to and including 150 square feet: Three feet from any other structure; five feet from an adjacent pad or property line.
h.
Storage buildings more than 150 square feet: Ten feet from any other structure; five feet from an adjacent pad or property line.
i.
Uncovered porches, patio decks, steps, landings, or ramps: Five feet from adjacent pad or property line.
j.
Covered, unenclosed porches, patio decks, steps, landings, or ramps (other than awnings): Ten feet from any other structure; five feet from adjacent pad or property line.
k.
Awnings: Three feet from any other structure, adjacent pad or property line.
For the purpose of separation or setback requirements, any structure that is enclosed or covered by construction on any side, other than primary building side, shall be considered as part of the home or building. |
3.
Solid waste disposal.
As required by the city.
4.
Off-street parking.
a.
Two paved off-street parking spaces shall be provided for each designated, pad or space, and shall meet the following requirements:
Parking Angle (degrees) | Curb Length Per Car (feet) | Minimum Bay Depth (feet) |
|---|---|---|
90 | 9 | 18 |
60 | 10.4 | 20.1 |
45 | 12.7 | 19.1 |
b.
Off-street parking or fences shall not obstruct sidewalks.
c.
No parking on unpaved or grassy surfaces.
5.
Utilities and drainage.
a.
An approved public water supply for domestic use and fire protection purposes shall be supplied to meet the requirements of the park as may be required by the city.
b.
All exterior plumbing shall comply with city codes.
c.
The electrical distribution system shall comply with applicable electrical codes. Individual electric meters may be used. A fire clearance inspection must be made by the city before power connections are resumed after power has been disconnected.
d.
All electrical installations in the park must be done by city-licensed electrical contractors. Inspections for electrical and plumbing installations must be called for by the person or licensee installing such service.
e.
No electrical clearance will be given to a home until the unit has been installed in accordance with the applicable requirements of this section.
f.
Installation and maintenance of electrical wiring and service equipment in the park shall be in accordance with city codes.
g.
The installation of electrical service from the service disconnect to the manufactured home shall not require a separate electrical permit other than the installation permit.
h.
A service disconnect of the proper amperage for each home must be furnished.
i.
Installation and maintenance of plumbing service in the park shall be in accordance with city codes. The installation of plumbing service from the park-supplied connections to the home shall not require a separate plumbing permit other than the home installation permit.
j.
Stormwater detention facility(ies) shall be provided as required by the city.
6.
A privacy fence or wall not less than eight feet in height shall be erected and maintained in good condition along the property line. A park expansion shall require that this privacy fence or wall be installed according to these provisions for the expansion area.
7.
Hard-surfaced paved access roadways shall be provided to each pad or space.
8.
Streets and roadways shall provide a minimum clear access width of 30 feet. The city shall approve all streets and roads to ensure acceptable maneuvering area and surface materials for emergency vehicles.
9.
Streets and lots shall be marked by clearly visible signs and numbers. Lot numbers shall be a minimum of two inches in width and three inches in height. Lot numbers may be placed upon the manufactured home if located so as to be visible from each direction of street approach.
10.
Pads, spaces and dwelling units contained therein shall be subject to city codes and ordinances.
11.
Unit installation, foundation, blocking and tie-down requirements shall be in conformance with city and state requirements as applicable.
12.
Installations and use of liquefied petroleum gas shall be consistent with the rules and regulations of the state and city codes.
13.
Construction of buildings or other structures in the park shall conform to city codes and shall be separately permitted by the city.
14.
The proposal to site a housing unit shall require that the owner of the unit provide a statement of condition for the unit. Such statement shall be retained with park records. A sample of such is attached herein for informational purposes only [see section 5622]. Park owners/operators shall be responsible for verifying conditions therein and maintaining such record as part of the park records.
15.
Where an area has been designated for storage of travel trailers, recreational vehicles, boats, trailers or similar such vehicles, where habitation or use is not intended or allowed, such an area shall be totally paved according to standards included under [section] 6200, and not visible from a public street. A paved access road from a public or private street may be provided. Such an area shall be used solely for the storage of vehicles and shall not be used for storing any vehicle in an inoperable condition. An inoperable condition exists if the vehicle does not carry current registration or license or is not complete in its assembly to operate upon public streets or roads.
E.
Building permits, installation and inspection.
1.
Placement and tie-down of the home must be done by state-licensed installers in accordance with rules and regulations of the state. Plumbing installation from the park-supplied connections to the home shall be done by a licensed plumber. The names of each person or licensee making the installations must be provided to the city upon application for the installation permit.
2.
No building permits will be issued to increase the floor area of a home within a park; except, however, an additional room may be added if the finish and appearance are the same as the home and the construction is equal to or better than that in the home. Any modification to an existing manufactured home which was not subject to the original inspection will thereafter require a permit from the city for any change, modification or alteration which is under the purview of the city for similar such work.
3.
The installation of a manufactured home shall require a permit from the city.
4.
An inspection fee of $30.00 shall be charged for each home installation permit. An inspection fee of $15.00 will be charged for any reinspection.
5.
Housing units shall be subject to inspection by the city to ensure safe, sanitary conditions. The city may order the repair of a unit in accordance with city codes or as required for approval by a HUD-certified inspector, or order the demolition or removal of any unit not found habitable or in compliance with minimum housing standards regardless of permitting statute or federal approval status where such was initially applied. The city may, following established procedures, perform such demolition or removal as may be required to maintain safe, healthful conditions within the park where, in the determination of the city, such structure possesses conditions that pose a hazard to the health, safety, morals and general welfare to the occupants, park residents or to the community.
F.
Conditions of park.
Park owners shall at all times be held liable for compliance with regulations herein, and shall ensure that:
1.
Parks remain free of inoperable vehicles; outside appliances; broken, discarded, salvaged or other such conditions of materials, goods or parts where such may be viewed by adjacent housing units or along private drives or public rights-of-way, or where such may be otherwise accessed by other than the park owner, operator or tenant.
2.
Parks remain free of the accumulation of trash, garbage or other such conditions not permitted within the city.
3.
All housing units shall be fully skirted with a material intended for or customarily used for skirting material.
4.
Only manufactured housing units and temporary use vehicles as permitted herein, and approved ancillary structures or facilities may be placed in parks. No structural modifications to manufactured housing units shall have occurred that has not been approved by a HUD-certified inspector. Only structural modifications to manufactured housing units that have received approval from a HUD-certified inspector shall be allowed. The city shall be required to approve modifications to other housing units according to procedures established by the city.
5.
No objects shall be placed on the roof of a home to include, but not [be] limited to, tires, rims and other such items unless intended for such placement and use. There shall be allowed concrete weights not to exceed 1½ inches in height.
6.
Streets and roadways shall be maintained free of obstruction and potholes.
(Ordinance 71-2000, sec. 1(5600), adopted 7/5/00)
§ 5622 Sample statement of condition.
The following shall be completed prior to the installation of manufactured housing or a temporary use vehicle. No housing unit manufactured before June 15, 1976, shall be allowed. Separate sheets may be used to provide further details.
Name of owner and number of people that will reside in the housing unit? |
What is the make, age and dimensions of the housing unit? |
Where is the unit moving from and anticipated length of stay? |
To the best of your knowledge, how many times has the unit been moved? |
Are all windows and doors installed? |
Is the siding and roofing material in good shape in function and appearance? |
Does the electrical system remain properly grounded, and is the plumbing system in good repair and working order? |
In your opinion, what is the overall condition of the unit? |
Has the unit received any modifications that has not been reviewed and approved by an inspector certified for the inspection of such units by the U.S. Department of Housing and Urban Development? |
Have you received a copy of the park regulations, and have you agreed to conditions therein? |
Upon arrival at the park, an inspection of the unit will be performed by the park operator to ascertain that the unit is in compliance with park standards and city regulations.
(Ordinance 71-2000, sec. 1, adopted 7/5/00)
§ 5625 Manufactured housing subdivisions.
A.
Generally.
1.
Manufactured housing subdivisions may be created for the purpose of subdividing land into residential lots to be sold for the use of manufactured homes. Such subdivision shall be of a size of not less than four acres. If a preliminary plat containing more than four acres is approved by the city, the subdivision may be platted in sections. The first section shall contain not less than four acres. Subsequent platted areas shall be a minimum of four acres.
2.
Manufactured housing shall be placed on individually platted lots in manufactured housing subdivisions under the conditions set forth herein and in appendix A of the Code of Ordinances of the City of Wichita Falls, Texas.
3.
A legible note shall appear on the plat below the subdivision name that indicates that the subdivision was platted as a manufactured housing subdivision. Property owners shall be given notice that the subdivision is platted as a manufactured housing subdivision.
Housing subject to the city’s building codes may be included in the subdivision if the subdivision is at least 50 percent occupied or intended for occupation by manufactured housing within the development or within that phase of development as may exist. The intent of such provision will be the creation of mixed use residential development. Such proposal shall be approved by the Commission with a conditional use permit, and shall require the participation of the Commission in each such action to fulfill the intent of this provision.
B.
Development standards.
1.
All utilities shall be located underground.
2.
Under-spaces shall be completely enclosed with brick or stone, except where needed for normal ventilation and ingress/egress as approved by the city.
3.
Modification of a housing unit shall be subject to city building codes unless inspected and approved by persons authorized under applicable state and federal statutes certifying that the unit remains in compliance with applicable regulations.
4.
When lots have double frontage, a 25-foot building setback line shall be established for each street.
5.
A solid masonry wall not less than eight feet in height shall be erected and maintained along the property line dividing a manufactured housing subdivision from adjacent non-manufactured housing subdivisions, manufactured or mobile housing parks, and other residential or commercial uses.
6.
A masonry wall may be subject to approval by the city which may evaluate appearance and appropriateness of the construction proposed. No fence, wall or landscaping shall be erected or planted so as to obstruct the vision of motorists at alley, street or drive intersections.
7.
The unit shall not be less than 22 feet wide.
8.
The pitch of the main roof of the housing shall not be less than a 3:12 pitch with eaves projecting not less than six inches.
9.
The housing unit shall have a covered entry or dormer on any entry visible from a public street or right-of-way.
10.
The unit shall be permanently attached or affixed to a permanent foundation system. All portions of the chassis or transportation system including wheels, axles, towing apparatus, lighting or other such conditions which are not an integral part of the structure shall be removed before the housing is permanently attached or affixed. The permanent foundation system shall be as follows:
a.
A continuous concrete slab with a minimum thickness of four inches.
b.
A below grade continuous concrete beam shall be an integral part of the slab placed under the perimeter of the unit, and under those portions of the chassis that bear the structural load of the unit. The minimum beam dimension shall be ten inches wide by 12 inches deep by 12 inches high or as designed and sealed by a registered profession engineer. Concrete support piers from the slab foundation to the chassis shall be installed according to the installation manual for the unit or as required by the state.
c.
State-approved tie-down anchors installed in the slab.
11.
The distance between finished grade and the bottom of the exterior walls shall not exceed 30 inches.
12.
The foundation fascia shall form a complete brick or stone enclosure under exterior walls except where needed for normal ventilation or ingress/egress as approved by the city.
13.
The facing of the unit shall be in relationship to a public street, or private street where allowed; located where the apparent entrance or front of the home faces or parallels the street frontage, except where the lot size exceeds one acre; is setback a minimum of 100 feet; or is in the same facing as adjacent or neighboring structures, except as provided herein.
14.
The unit shall conform to the minimum front, side, and rear yard setbacks and heights.
15.
Two paved off-street parking spaces shall be provided for each lot.
16.
Only one home shall be placed on an individual lot within a manufactured housing subdivision.
17.
Minimum lot standards.
a.
Lot area: [5,000] square feet.
b.
Lot width: [50] feet, minimum for single-family dwelling.
c.
Height: [35] feet, maximum.
d.
Front setback: [25] feet minimum, except for rear access subdivision where reduced setback as per section 4240 shall apply.
e.
Side setback, interior: Five feet, minimum.
f.
Side setback, exterior: [15] feet, minimum except 25 feet minimum for permitted nonresidential uses, and where involving double frontages, or where abutting a street at the entrance to the subdivision.
h.
Building coverage: 50 percent of lot area, maximum.
(Ordinance 71-2000, sec. 1(5625), adopted 7/5/00)
§ 5630 Temporary use vehicles within mobile home/manufactured housing parks.
1.
Temporary use vehicles shall at all times be ready for immediate highway use. These vehicles shall be deemed to be ready for highway use if wheels are mounted; they are attached to the site only by quick disconnect type utilities and security devices; they are currently licensed to operate on streets, roads and highways; have a current inspection sticker if required; and have no attached additions. No temporary use vehicle shall be placed on a designated space or pad for a period exceeding 180 consecutive days. Following the removal of the unit, the unit shall thereafter not locate within the same park for a period of not less than 14 days. The city may authorize an extension of time due to extenuating circumstances that include, but are not limited to, employment for temporary local construction and other such situations.
2.
Uses in violation of requirements herein shall be subject to immediate impoundment at the expense of the owner.
(Ordinance 71-2000, sec. 1(5630), adopted 7/5/00)
§ 5640 Recreational vehicle parks.
A.
Purpose.
The intent of these regulations is to recognize the need for uniform minimum standards for recreational vehicle parks and campgrounds. Standards contained herein have been developed by the industry based on nationally recognized standards for fire, health, and life safety, obtained through the American National Standards Institute (ANSI), and modified according to city policies and standards. Regulations herein are intended to:
B.
General.
1.
As used in this section, a “unit” shall refer to an allowed recreational vehicle as defined herein. A “park” shall refer to the total site shown on a site plan for the siting of a facility for the exclusive use of parking and temporary use of recreational vehicles and ancillary facilities therein and as permitted herein.
2.
Parks shall be for the temporary use of recreational vehicles as defined herein. The maximum length of stay within a park shall be 180 days. Once a unit has met this length of stay and moves from the park, the unit shall not thereafter be moved back into the park for a minimum of 14 days.
3.
The minimum site area for a park shall be two acres. There shall be a minimum of four stands developed per park. Prior to beginning operations, a park shall have completed all roads, utilities and other facilities as required.
4.
The park owner/operator shall be required to maintain a park register that contains the following information:
5.
Units and tow vehicles shall carry current licensing and registration.
6.
Park facilities and structures shall comply with all city and state regulations.
7.
Recreational vehicle parks shall be allowed as a permitted use within the RDD River Development Zoning District (Outside Greater Downtown), RDD-D River Development District – Downtown and with a conditional use permit within GC General Commercial and MHR Manufactured Housing Residential Zoning Districts.
C.
Site plan requirements.
A site plan shall be submitted to the city for approval. The following information shall be included on the site plan:
1.
Name, address and boundary description of the park.
2.
Name, relationship with and right-of-way width of boundary streets.
3.
Property owners names, addresses and phone numbers.
4.
Location of stormwater detention facilities, if required.
5.
Sidewalk locations and widths.
6.
Landscaping as required under section 6800.
7.
Location and dimensions of all signs.
8.
Location, angle and dimension of each stand indicating off-road parking for vehicles as required herein.
9.
Location, use and dimensions of all structures or other facilities intended or required on or for the site.
10.
Location, dimensions and material type of all private and public streets proposed within the park.
11.
Location and description of water supplies for fire protection purposes.
12.
Description of source for all potable water supplies.
13.
Description and location of dump stations and individual connections.
14.
Indication of approval for the use and location of all sanitary and water facilities if not provided by the city.
15.
Other information as may be required by the city.
E.
Park design in general.
1.
Minimum widths of roads shall be ten feet per traffic lane and eight feet per parallel parking lane. All streets and roads shall be hard-surfaced paved with either HMAC - hot mix asphalt concrete or concrete.
2.
Road curves shall have a minimum internal radius of 25 feet.
3.
Turnarounds shall be provided for all dead-end roads over 100 feet in length and shall have a minimum internal radius of 50 feet.
4.
Every structure that does not meet the definition of a stand shall be designed and constructed in accordance with city codes.
5.
Swimming and bathing facilities, if provided, shall be constructed and operated in accordance with city and state regulations.
6.
A structure shall not be located closer than ten feet from a stand or other structure.
7.
Each camping unit stand shall be marked for identification. Such markers shall be readable from the road and approved by the city for emergency identification.
8.
Each stand should be designed and constructed at such elevation, distance, and angle with respect to its access to provide for safe and efficient placement and removal of units.
9.
Each stand should be constructed to minimize the development of ruts or low spots by the vehicle tires, and shall be graded to provide drainage.
10.
Each stand shall be a minimum of eight feet wide.
11.
Each unit installed on a stand shall be installed using a method to accommodate the unit set-up and minimize the settling of the unit in its set-up mode.
12.
Each stand shall have a designated parking space for a full-sized car or truck. This parking space shall be permitted to be part of a stand or in a common parking area. All parking spaces or parking areas shall be hard-surfaced paved with either HMAC - hot mix asphalt concrete or concrete.
F.
Utilities in general.
1.
Each stand shall have a potable water supply connection, sewer inlet connection, and electrical power supply.
2.
Utility connections are permitted to be grouped together in one assembly under the following conditions:
a.
The assembly shall be located on the left rear half of the stand (left side of the unit) within six feet of the stand.
b.
For the purpose of providing utility connections to individual units, the assembly shall be listed for recreational vehicle or recreational park trailer use.
c.
Utility connections shall be protected from damage by vehicles.
3.
All electrical installations, systems, and equipment shall comply with Article 551, Part (G) and other applicable sections of the NFPA 70, National Electrical Code.
G.
Water utilities.
1.
A potable water supply shall not be connected to any nonpotable or unapproved water supplies or subject to any backflow or back siphonage.
2.
The water supply system shall be designed and constructed to provide a minimum of 50 gallons per day per stand and a minimum of 50 gallons per day per restroom.
3.
Where water is distributed under pressure, the water supply system shall be designed to provide a minimum flow pressure of 20 psi with a minimum flow of two gpm at any outlet. The maximum pressure at any stand shall not exceed 80 psi.
4.
Water storage tanks, where permitted, shall be constructed of impervious materials, protected against contamination, and provided with locked watertight covers. Any overflow or ventilation openings shall be down facing and provided with corrosion-resistant screening of not less than No. 24 mesh to prevent the entrance of insects and vermin. Water storage tanks shall not have direct connections to sewers.
5.
Wells, springs, and similar sources of water intended for potable purposes, and equipment or facilities required for connecting to or operation, distribution and maintenance thereof shall be approved, constructed, and maintained according to city and state requirements.
6.
All potable water connections shall consist of a water riser pipe that shall be equipped with a threaded male spigot located at least 12 inches, but not more than 24 inches, above grade level for the attachment of a standard water hose. This connection shall be equipped with an atmospheric vacuum-breaker.
7.
All supplies of water shall be in compliance with potable water requirements of the state. In absence thereof, they shall meet the intent of the Safe Drinking Water Act of 1974 (Public Law 93-523), dated December 16, 1974, the National Primary Drinking Water Regulations, and federal and state regulations pursuant thereto, as may be amended.
8.
The park may be required to extend public utilities in accordance with the Code of Ordinances, City of Wichita Falls, Texas, as may be amended.
H.
Fire, life safety and environmental health.
1.
Fire detection and alarm systems shall be installed in structures open to the public and in accordance with NFPA 72, National Fire Alarm Code (H).
2.
Installation of firefighting equipment shall be in accordance with city codes. Exception may exist where portable fire extinguishers are used with a minimum rating of 2a-20-B:C and when approved by the city. Extinguishers shall be located within 75 feet of any stand.
3.
Designated outdoor campfire locations, if provided, shall be in safe and convenient areas where they will not constitute a fire hazard to vegetation, undergrowth, trees, vehicles, units, and structures. Campfire locations shall be shown on the site plan. Use of outdoor fires of any type shall be in accordance with city policies and standards and subject to conditions on their prohibition.
4.
Fire safety rules and regulations shall be conspicuously posted by park management. These regulations shall contain the following information and any additional information as required by the city:
a.
The telephone number of the Fire Department or other information needed for summoning the Fire Department, such as the location of the nearest fire alarm box.
b.
The telephone number of the Police Department.
c.
The telephone number of any agency that would provide emergency services.
d.
The location of the nearest public telephone.
I.
Sanitary facilities.
Sanitary facilities shall be in accordance with city codes. Where elements are not addressed, or are considered inadequately addressed according to ANSI requirements, the following shall apply:
1.
One toilet room for each sex shall be provided for each 50 stands. For each additional 25 stands, or portion thereof, an additional toilet for each sex shall be provided.
2.
Where required, toilet rooms shall be located within a 500-foot radius of any stand.
3.
Every toilet room shall have a minimum ceiling height of seven feet.
4.
Facilities for males and for females shall be appropriately marked.
5.
Unless artificial light is provided, the total window or skylight area shall be equal to at least ten percent of the floor area.
6.
Unless provided with a listed mechanical ventilation system, every toilet room shall have a permanent, nonclosable, screened opening(s) having a total area not less than five percent of the floor area that opens directly to the exterior in order to provide proper ventilation. Listed exhaust fan(s), vented to the exterior and having a rating in cubic feet per minute of at least 25 percent of the total volume of the toilet room (s) served, shall be considered as meeting the requirements of this subsection.
7.
All operable windows and vents to the outside shall be provided with fly-proof screens of not less than No. 16 mesh.
8.
All doors to the exterior shall open outward, be self-closing, and be visually screened by means of a vestibule or wall to prevent direct view of the interior when the exterior doors are open. Such screening shall not be required on single toilet units.
9.
The interior finish of walls shall be moisture resistant to a height of four feet to facilitate washing and cleaning.
10.
The floors shall be resistant to water. Any structure having flush toilets shall be provided with a floor drain in the toilet room.
11.
Chemical and recirculating toilets shall not be allowed in facilities intended to serve park residents or users.
12.
Privies shall not be allowed.
13.
An equal number of lavatories shall be provided for up to six toilets. One additional lavatory shall be provided for each two toilets when more than six toilets are required. Each lavatory basin shall have a piped supply of potable water and shall drain into an approved sewage system.
14.
Floor urinals shall not be allowed.
15.
Toilets shall be of an approved or listed type and shall be provided with seats with open fronts.
16.
Each toilet shall be in a separate compartment and shall be provided with a door with a latch for privacy and a holder or dispenser for toilet paper. Dividing walls or partitions shall be at least five feet high and, if separated from the floor, shall be by a space not greater than 12 inches.
17.
Each female toilet room shall be provided with a receptacle for sanitary napkins. The receptacle shall be of durable, nonpervious, and readily cleanable material and shall be provided with a lid.
18.
Showers, where provided, shall be of the individual type, and each shower area shall be visually screened from view. All shower compartments shall be capable of encompassing a 30-inch circle. The minimum required area and dimensions shall be measured at a height equal to the top of the threshold and at a point tangent to its centerline. The minimum area and dimensions shall be maintained to a point 70 inches above the shower drain outlet with no protrusions other than the fixture valve or valves, showerhead, and safety grab bars or nails. Each shower area shall be designed to minimize the flow of water into the dressing area and shall be properly connected to the sewage system by means of a trapped inlet.
19.
If showers are provided, an individual dressing area visually screened from view shall be provided with minimum floor area of three feet by three feet per shower. The dressing areas shall be equipped with a minimum of one clothing hook and stool (or equivalent bench area).
20.
The floors of showers and dressing areas shall have an impervious skid-resistant surface. Wooden racks (duckboards) over shower floors shall be prohibited.
21.
Open showers provided exclusively for the removal of sand, etc., following beach activities, and when swimming suits are not removed, need not comply with the provisions of this subsection.
22.
All restrooms and shower facilities shall comply with [the] Americans With Disabilities Act (ADA).
23.
Facilities for the storage, collection, and disposal of solid waste refuse shall be provided as required by the city.
24.
The Wichita Falls-Wichita County Public Health District shall approve each sewage disposal system. Stormwater sewers shall be separate and apart from any sewers intended for the conveyance of sewage.
25.
Cleanouts should be provided at the upper terminal of each sewer main or branch and at intervals not exceeding 200 feet along any straight run or portion thereof.
26.
Every change in alignment or grade in excess of 22 degrees should be served by a cleanout.
27.
Manholes may be used in lieu of cleanouts and should not be spaced more than 400 feet apart.
28.
Horizontal-to-horizontal changes in direction should be made with 45-degree “Y” branches, combination “Y” and one-eighth bend branches, or other approved fittings of equivalent sweep.
29.
A sewer inlet to an individual stand shall consist of a sewer riser extending vertically to grade. The minimum diameter of the sewer riser pipe should be three inches and should be provided with a four-inch inlet or a minimum three-inch female fitting.
30.
Sewer riser pipes shall be firmly imbedded in the ground and be protected against damage from heaving or shifting and the entrance of surface water. It should be provided with a tight-fitting plug or cap that shall be secured by a durable chain (or equivalent) to prevent loss.
31.
A sewer riser pipe is not required to be individually vented.
32.
All units and ancillary facilities shall discharge all waste from sinks, dishwashers, drains, and any other fixture through which grease may be discharged into an adequately sized, properly maintained and functioning grease trap before the discharge enters the publicly-owned treatment works (POTW). Such traps shall provide an inlet flow control devise inspection port, a grease trap inspection port, and an effluent monitoring port for said trap.
J.
Sanitary disposal stations.
1.
One sanitary disposal station shall be provided for each 100 stands.
2.
Each station shall be level, easily accessible from the road, and shall provide easy entry and exit for units.
3.
Sanitary disposal stations shall be approved by the city in accordance with the following:
a.
Unless other approved means are used, each station shall have a concrete slab with a center drain inlet located so as to be on the roadside (left) of the recreational vehicle or recreational park trailer.
b.
The slab shall be not less than three feet by three feet, at least 3½ inches thick, properly reinforced, and trowelled to a smooth finish and sloped from each side inward to a sewer inlet.
c.
The sewer inlet shall consist of a four-inch self-closing foot-operated hatch of approved material with a tight-fitting cover. The hatch body shall be set in the concrete of the slab with the lip of the opening flush with its surface to facilitate the cleansing of the slab with water. The hatch shall be property connected to a sewer inlet that shall discharge to an approved sanitary sewage disposal facility.
d.
Parking areas for sewage disposal shall not block any park ingress or egress point.
4.
Sanitary discharge stations shall discharge all waste into an adequately sized, properly maintained and functioning grease trap before the discharge enters the publicly-owned treatment works (POTW). Such traps shall provide an inlet flow control devise inspection port, a grease trap inspection port, and an effluent monitoring port for said trap.
K.
Flushing facilities.
1.
Parks provided with a piped water supply system shall have means for flushing recreational vehicle and recreational park trailer holding tanks. The flushing system shall consist of a piped supply of water under pressure, terminating in a valved outlet located and installed to minimize damage by automobiles and tow vehicles. The flushing device shall consist of a properly supported riser terminating at least 24 inches above the ground surface with a one-quarter inch valved outlet to which is screwed a flexible hose.
2.
The water supply to the flushing device shall be protected from backflow by means of an approved vacuum breaker located downstream from the shutoff valve.
3.
Adjacent to the flushing arrangement there shall be posted a sign of durable material, not less than 24 inches by 24 inches in size, and inscribed thereon in clearly legible letters on a contrasting background: “DANGER–NOT TO BE USED FOR DRINKING OR DOMESTIC PURPOSES.”
4.
A potable water supply station for filling potable water tanks, if provided, shall be located at least 50 feet from a waste disposal station. When such is provided, adjacent to the potable water outlet there shall be posted a sign of durable material, not less than 24 inches by 24 inches in size, and inscribed thereon in clearly legible letters on a contrasting background: “POTABLE WATER. NOT TO BE USED FOR FLUSHING WASTE TANKS.”
(Ordinance 96-2001, sec. 2, adopted 10/2/01; Ordinance 30-2022 adopted 8/16/2022)
§ 5650 Penalties.
Any person who shall violate any provision of this [section 5600] and/or any person continuing to operate a mobile home or manufactured housing park under an expired or revoked license shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed $2,000.00 for each offense. Each offense shall be deemed to be a separate violation and punishable as a separate offense. Each day for which the violation continues shall constitute a separate offense.
(Ordinance 71-2000, sec. 1(5650), adopted 7/5/00)
§ 5651 Park register; site plan.
Prior to the further installation of any housing unit or temporary use vehicle within a park from the date of passage of this ordinance from which this appendix is derived, a park owner shall demonstrate responsible ownership by providing an up-to-date park register. This register shall be complete in its detail according to the ordinance existing at the time of passage of this ordinance amendment from which this section is derived. Unless a site plan is on file with the city that accurately reflects current park conditions, a site plan shall be required prior to the installation of any housing unit within a park.
(Ordinance 71-2000, sec. 14, adopted 7/5/00)
§ 5652 Temporary use vehicles, time for compliance.
Temporary use vehicles, as that term is defined in this [ordinance], currently in parks shall be required to move out of such park within 180 days and shall thereafter be subject to provisions under section [5630].
(Ordinance 71-2000, sec. 15, adopted 7/5/00)
§ 5705 Purpose.
The purpose of bed and breakfast regulations is to provide for an alternative type of lodging for visitors, and to provide for the preservation and adaptive reuse of older structures and historic landmarks.
(Ordinance 31-91, sec. 2, adopted 4/2/91)
§ 5710 Definitions.
means an owner-occupied dwelling unit that is at least 50 years old or is a designated city historic landmark, and contains no more than five guest rooms, where short-term lodging, with or without meals, is provided for compensation.
means a structure that is at least 50 years old or is a designated city historic landmark, and contains no more than ten guest rooms, where short-term lodging, with or without meals, is provided for compensation. Limited social functions such as receptions and private parties, with or without food service, may also be provided. However, this definition shall not permit the operation of a restaurant for customers other than the occupants of the guest rooms and their guests, or the invitees to the reception or private parties. The operator of the inn shall reside on the premises.
(Ordinance 31-91, sec. 2, adopted 4/2/91)
§ 5715 Spacing requirements.
In SF-1 Single-Family Residential (large lot) and SF-2 Single-Family Residential (standard lot) Zones, a bed and breakfast homestay or a bed and breakfast inn shall be limited to one per block face. Block face shall mean properties which front on one side of a street, and lie between two intersecting streets.
(Ordinance 31-91, sec. 2, adopted 4/2/91; Ordinance 29-2007, sec. 3, adopted 3/20/07)
§ 5720 Length of stay and rates.
Length of stay of guest shall not exceed 14 consecutive days. Room rental rates shall be based on daily rental rates only.
(Ordinance 31-91, sec. 2, adopted 4/2/91)
§ 5725 Parking requirements.
Off-street parking shall be provided at the rate of two spaces plus one space per guest room. Tandem or stacked parking will be permitted. Additionally, the following requirements shall apply:
(i)
In SF-1 Single-Family Residential (large lot) and SF-2 Single-Family Residential (standard lot) Zones, the front setback area shall not be used for parking, except on existing driveways.
(ii)
Bed and breakfast inns which provide for limited social functions must provide at least 15 off-street parking spaces. The entire parking requirement, except for handicapped parking spaces, may be provided offsite, subject to written agreement of the owner of the offsite parking area assuring continued availability of the required parking.
(Ordinance 31-91, sec. 2, adopted 4/2/91)
§ 5730 Signage.
Signage shall identify, rather than advertise, the establishment. In SF-1 Single-Family Residential (large lot), SF-2 Single-Family Residential (standard lot), and MFR Multifamily Residential Zones, signs shall be limited to one per establishment per street frontage and be limited to:
a.
A ground sign not exceeding two square feet in area and three feet in height; or
b.
A wall sign not exceeding two square feet in area.
In all other zones, signs shall be regulated by section 6700.
(Ordinance 31-91, sec. 2, adopted 4/2/91)
§ 5735 Health requirements.
Food service and other health requirements shall have to meet all state and city-county Health Department regulations, as amended.
(Ordinance 31-91, sec. 2, adopted 4/2/91)
§ 5740 Fire safety.
The facility must meet fire safety requirements of the city, as amended.
(Ordinance 31-91, sec. 2, adopted 4/2/91)
§ 5905 Coin-operated amusement machines establishment regulations.
a.
A coin-operated amusement machine shall not be operated within 300 feet of a church, school, or hospital. The method of measurement shall be in a straight line from a point from the nearest machine or machines, to the nearest point of the property line of a church, school, or hospital.
b.
Exceptions.
1.
Coin-operated amusement machines within establishments or game rooms on the premises of religious, charitable, educational, fraternal, or social organizations for the use of members and their guests and not for private profit, although a charge is made for playing.
2.
Temporary festivals, carnivals, and/or transient shows as regulated by chapter 10, article III [of the] City of Wichita Falls Code of Ordinances.
3.
Establishments containing coin-operated amusement machines that are sexually oriented in nature shall comply with section 5500.
(Ordinance 103-2000, sec. 3, adopted 10/3/00; Ordinance 95-2001, sec. 1, adopted 10/2/01)
§ 5910 Communication towers, antennas and structures.
The intent of regulations involving communications towers and antennas is to minimize adverse visual, aesthetic and physical effects of towers; to accommodate the growing need for wireless communications; to encourage and require co-location to reduce the proliferation of towers and to concentrate towers in areas of existing towers; to avoid or minimize potential damage to properties, from the perspective of public safety, from tower failure through engineering and careful siting of tower structures; to protect the current and future economic viability of Sheppard Air Force Base/Wichita Falls Regional Airport and Kickapoo Downtown Airport; to provide for the proper use of land through regulating placement; and to protect the public health, safety and general welfare.
A conditional use permit shall be required for all communications towers unless exempted herein. The need for a conditional use permit for antennas and structures shall be evaluated on a case-by-case basis. Regulations related to communication towers, antennas and structures shall include the following as applicable, and shall be subject to other terms as may apply under section 7200, Conditional Use Procedure.
A.
A communications tower should be setback from rights-of-way and adjacent properties equivalent to the height of the tower. Consideration toward reducing the setback may require specifications as to the engineered “fall” characteristics of a tower and the nature of neighboring land uses. The following may be considered minimum setback requirements:
1.
For ground-mounted tower proposals where the allowed zoning district is adjacent to a residentially-zoned district or residential use, such tower shall not be located closer than 300 feet from the residential use or residential zoning boundary and not be higher than 100 feet at that distance. For every additional foot of height proposed, the tower shall be setback an additional one foot.
2.
Towers shall be setback a minimum of 100 feet from a public right-of-way classified as a major collector or of a larger classification. For a public right-of-way classified smaller than a major collector, the minimum setback shall be 50 feet. The classification of streets, roads and highways shall be in accordance with the thoroughfare plan, as amended.
B.
Prior to consideration by the Commission, the following shall be included in the application for a conditional use permit:
1.
A site plan with the following:
a.
A detail of all required site elements addressed herein.
b.
Topographic contours of the site.
c.
An indication of adjacent land uses, zoning district and distance to the nearest structure or use.
d.
Elevation drawings and dimensions of the tower, or structure as may be required, associated appurtenances and accessory uses.
e.
A notarized statement attesting that the tower is designed to co-locate additional antennas or share with at least two future service providers per 100 feet of height.
f.
A landscaping plan according to requirements herein.
2.
Signed and sealed engineering specifications. Engineering of the tower shall meet an 80-mile per hour wind load with one-half inch radial ice over the entire tower.
3.
A copy of a Notice of Proposed Construction or Alteration filed with the Federal Aviation Communication (FAA) or a statement of why such filing is not required pursuant to FAA regulations.
4.
An indication of fee-simple title or a leasehold of the property.
5.
The name, address and phone number of the owner of the tower or structure, and if different, the name, address and phone number of the property owner.
6.
As determined by the city, an evaluation of and comments from Sheppard Air Force Base/Wichita Falls Regional Airport and the appropriate city departments regarding Kickapoo Downtown Airport. The city shall provide this information for inclusion into the application.
7.
The installation of antennas and/or towers shall take advantage of existing structures in the area and shall co-locate or share towers to the greatest extent possible so as not to interfere with minimum altitudes or operational safety of aircraft, and to limit the proliferation of towers to the greatest extent possible.
Should a tower provider deem that it is not possible to share a tower with more than one antenna or that a new tower is required to accommodate service providers, the tower provider shall be required to provide documentation to that effect. In addition, should a tower provider determine that it was not possible to locate a tower in the area of other towers or structures of similar heights, or atop existing structures, the tower provider shall be required to provide documentation to that effect. Such documentation shall be included with the application.
8.
A fee for a communications tower conditional use permit application as provided by separate ordinance.
C.
Guy wires and equipment buildings shall be located on the same lot as the tower.
D.
Towers shall be located on a platted lot.
E.
A lot upon which a tower is located shall comply with section 6200 regarding parking and paved access, and provisions addressing stormwater detention. If no building is constructed for human occupation, no parking shall be required.
F.
If a tower is proposed within 100 feet of a public rights-of-way, or within 300 feet of an adjacent land use, there shall be provided canopy trees, understory trees and shrubs, of a type and size defined under section 6800, of a sufficient number and spacing that will screen the ground-level visual effects of the tower and associated appurtenances from adjacent properties and rights-of-way. Such requirements shall be in addition to and in compliance with provisions of section 6800 regarding landscaping. This provision shall also apply to those situations where ground-level equipment or buildings are being placed. A landscape plan shall be required. The city shall have sole discretion as to the adequacy of a proposal to accomplish the intent of this provision for screening the ground-level visual effects of the tower.
G.
A lot used to locate a tower upon shall be subject to a conditional use permit for all-subsequent activities or land uses proposed.
H.
No signs, banners, logos or similar such advertising, notice or graphics shall be attached or applied to a tower or antenna or mounted, applied or attached to ground-level equipment buildings associated with the tower. This provision shall not apply to warning signs or other signs as required by governmental agencies.
I.
Towers, antennas and structures shall be equipped with and maintain aircraft warning lights if required by the FAA or the city.
J.
The tower provider shall be responsible for periodic or routine inspections according to acceptable industry standards. The building official may order an inspection following any event that would question the continued integrity of construction.
K.
The building official:
1.
Shall require a building permit for the installation of any tower, and shall determine the need for a building permit regarding any attachment to a tower, or the installation of any building, cabinets or other accessory or ancillary facilities. Where attachments are being made to a tower, signed and sealed engineering specifications may be required which certifies that the tower with attachments will continue to maintain structural integrity as required herein.
2.
Shall ascertain that conditions addressed herein, and others as may be required by the Commission, are in place prior to beginning operations or the installation of any antenna.
L.
Nonconforming communication towers. Existing towers, not in conformance with regulations herein, shall be determined as nonconforming and subject to the following provisions:
1.
Communication towers in existence at passage of this regulation shall be allowed to continue to be used as they presently exist. Modifications to accommodate the co-location of an additional user or users shall be permitted on existing towers subject to provisions under [subsection] K herein.
An exception to this provision exists if there is provided comprehensive general liability coverage listing the city as additional named insured in the following amounts:
a.
For towers 300 feet or less, a minimum insured amount of $500,000.00.
b.
For towers in excess of 300 feet in height, a minimum insured amount of $1,000,000.00.
Should the tower owner have more than one tower within the city limits, the insurance total shall be determined by the aggregate tower height of all towers owned by the company within the city limits. |
2.
Where ground-level equipment is proposed, the area shall be subject to subsection E of this section.
3.
A tower may be replaced if the replacement does not exceed the height of the previous tower. The replacement of a tower will require compliance with subsection K of this section or may obtain an exception if comprehensive general liability insurance coverage is provided as per subsection L.1 of this section. This provision shall not apply to a tower that has been removed for a period of six months or longer. A proposal to replace a tower that has been removed for a period of six months shall be considered a new tower and subject to all requirements under this regulation.
4.
No plat shall be required when locating equipment cabinets, or equipment buildings not intended for human occupation.
M.
A conditional use permit shall not be required under the following situations:
1.
Locating towers or antennas atop existing structures, subject to section 6400 as amended, within the CBD, LI, HI or GC zoning districts.
2.
Installation of ground-level equipment and/or buildings used to house such equipment.
3.
Installation of antennas on existing towers that does not increase the height of the tower.
N.
If a communications tower is located in MFR, MHR, RMU, PUD, SF-1 or SF-2 zones, then it must be a stealth tower. If a communications tower is located in any other zone, with the exception of LI or HI, then it must be a monopole or stealth tower.
O.
Towers and/or antennas intended for amateur radio stations:
1.
Shall require a building permit, manufacturer’s specifications and site plan. An exception to this provision exists for towers less than 70 feet in height.
2.
Shall be evaluated on a case-by-case basis for requiring a conditional use permit. The criteria used in making such determination shall include, but not be limited to, the location of the tower in relation to the height of the tower in relation to adjacent residential land uses.
P.
Special procedures for communications tower permit applications.
1.
If a communications tower will be co-located with a previously permitted communication tower, the Commission will consider a complete application within 60 days after it is filed.
2.
If a communications tower will not be co-located with a previously permitted communications tower, the Commission will consider a complete application within 120 days after it is filed.
3.
If the Commission denies an application for a communications tower conditional use permit, then the application shall be automatically appealed to the city council, and considered within the timeframe required by law.
4.
If the Commission approves an application for a communications tower conditional use permit, then the city manager may file an appeal of the approval to the city council. Said appeal must be filed within ten days after the decision of the Commission.
(Ordinance 45-2001, sec. 7, adopted 5/1/01)
§ 5915 Weather shades.
There shall be allowed metal, cloth, canvas or similar such materials to be commercially installed for weather-related protection over vehicle sales lots, playgrounds and other approved situations under the following conditions:
A.
All components associated with either the shade or supporting structure shall be new materials at time of installation.
B.
A metal frame shall be used to support the shades.
C.
The minimum height of shades shall be seven feet as measured from grade to the lowest point of the shade or supporting structure. The minimum height of shades within 25 feet of a property line shall be ten feet. The supporting structure shall remain open on all sides.
D.
No advertisements, logos, flags, pennants, lights or other such items shall be attached or otherwise applied to either the shade or supporting structure. Lighting intended for illumination under the shade shall be allowed if the light source is not visible from a public street or adjacent property.
E.
Individual shades shall be of a single color.
F.
Faded, torn or otherwise damaged shades shall be immediately repaired or replaced. Repaired shades will resemble new shades.
G.
Once the use has discontinued operation, the shade, supporting structure and associated appurtenances shall be removed.
H.
The design of the mounting or installation of the shade shall meet all Building Code requirements which include, but are not limited to, foundation for supporting structures, flame retardance and/or resistance within applicable flame spread indices and electrical codes, wind loading, and other applicable codes. Prior to the installation of a shade or supporting structure, the Department of Community Development shall approve detailed engineering and site plans of the proposal with conditions herein addressed.
I.
Shades shall be installed and maintained according to manufacturer specifications where such specifications are in accordance with conditions herein.
J.
No part of a shade or supporting structure shall interfere with the health, growth or placement of landscaping.
K.
Supporting structures and any shade overhang shall be placed a minimum of ten feet from a property line.
L.
Should manufacturer’s specifications or [the] building official require the installation of ground-mounted guy wires, the area of the ground around the guy wire shall be adequately marked or identified to prevent tripping or other injury. Guy wires shall only be allowed for temporary uses and subject to section 6600, and shall not be allowed around open permanent playgrounds.
M.
A building permit shall be required.
N.
With the exception of the general commercial zoning district, weather shades shall only be allowed within nonresidential zoning districts. An exception to this provision may exist for playgrounds and similar approved situations.
(Ordinance 89-2001, sec. 1, adopted 9/18/01)
§ 5920 Limited multifamily residential regulations.
Purpose. The purpose of the limited multifamily residential regulations is to provide for consideration of multiple duplex, triplex or fourplex structures on a single lot within a single-family zoning district. Limited multifamily structures shall be compatible in appearance with new single-family residences.
1.
Number of units.
Limited multifamily residential developments shall have no more than 12 dwelling units.
2.
Separation requirement.
Limited multifamily residential developments shall not be located within 200 feet of an existing limited multifamily residential development. The method of measurement shall be from property line to property line.
3.
Number of stories.
There shall be allowed with an approved site plan that considers adjacent or neighboring single-family dwellings, two-story units where there is a single family. There shall not be a separate dwelling unit above another dwelling unit.
4.
Front setback:
25 feet minimum.
5.
Side setback, interior:
Five feet, minimum, except where the additional setback provisions of section 4670 apply.
6.
Side setback, exterior:
15-foot minimum.
8.
Building coverage:
55 percent maximum.
9.
Open space:
20 percent of lot area shall be open space.
10.
Parking:
Two spaces on-site per dwelling unit minimum. Parking areas shall be designed where vehicles do not back out into the street.
11.
Fencing and screening:
See section 4600.
12.
Landscaping:
See section 6800.
(Ordinance 10-2003, sec. 1, adopted 2/4/03; Ordinance 96-2007, sec. 1, adopted 11/6/07)
§ 5925 Outdoor food courts.
A.
Purpose.
The purpose of outdoor food court regulations is to establish basic parameters for the development of a unique amenity while facilitating mobile food vendor court(s) to operate on private property and fostering an aesthetically appealing streetscape.
B.
Site plan.
All outdoor food courts (CBD, GC, LI and RDD) shall require a site plan subject to provisions in section 7000 - Administrative Procedures.
(Ordinance 03-2015, sec. 1, adopted 1/6/15; Ordinance 12-2017, sec. 1, adopted 4/4/17)
§ 5930 Applicability.
All outdoor food courts shall be subject to the site plan review provisions of section 7100 of the Wichita Falls Code of Ordinances as amended.
(Ordinance 03-2015, sec. 1, adopted 1/6/15)
§ 5935 Setbacks.
Mobile food establishments for placement in an outdoor food court shall be setback at a minimum from the lot perimeter as follows:
A.
CBD Central Business District:
Rear setback - Five feet minimum
Interior side setback - Five feet minimum
Exterior side setback - 25 feet minimum (adjacent to a thoroughfare)
Front setback - Five feet minimum
B.
RDD River Development District and LI Light Industrial:
Rear setback - Five feet minimum
Interior side setback - Five feet minimum
Exterior side setback - 25 feet minimum (adjacent to a thoroughfare)
Front setback - 25 feet minimum
C.
GC General Commercial:
Rear setback - No minimum; in accordance with adopted Building Code requirements
Interior side setback - No minimum; in accordance with adopted Building Code requirements
Exterior side setback - 25 feet minimum (adjacent to a thoroughfare)
Front setback - 25 feet minimum
(Ordinance 03-2015, sec. 1, adopted 1/6/15; Ordinance 12-2017, sec. 1, adopted 4/4/17)
§ 5940 Signs.
A.
One on-premises sign is permitted at the entrance to identify the outdoor food court; it may be illuminated but shall be stationary and non-flashing.
B.
Each mobile food establishment may have attached signage. One temporary sandwich board sign is permitted per mobile food establishment to be displayed within ten feet of the establishment and within the boundaries of the outdoor food court.
C.
All signs shall comply with the provisions outlined in section 6700 - Sign Regulations of the Wichita Falls Code of Ordinances as amended.
(Ordinance 03-2015, sec. 1, adopted 1/6/15; Ordinance 12-2017, sec. 1, adopted 4/4/17)
§ 5945 Restroom facilities.
These requirements shall be subject to the provisions of chapter 58 (Health), article VI, Food Establishments Rules; division 3 - Specialized Food Establishments; section 58-293 - Sanitation Requirements for All Mobile Food Units, of the Wichita Falls Code of Ordinances as amended.
(Ordinance 03-2015, sec. 1, adopted 1/6/15; Ordinance 12-2017, sec. 1, adopted 4/4/17)
§ 5950 Water and electrical.
Requirements for access to water, electrical and other utilities shall be subject to the provisions of chapter 58 (Health), article VI, Food Establishments Rules; division 3 - Specialized Food Establishments; section 58-293 - Sanitation Requirements for All Mobile Food Unit, of the Wichita Falls Code of Ordinances as amended.
(Ordinance 03-2015, sec. 1, adopted 1/6/15; Ordinance 12-2017, sec. 1, adopted 4/4/17)
§ 5955 Hours of operation.
A.
CBD Central Business District:
All outdoor food courts established in the CBD shall be subject to the provisions of section 3811 - Special Conditions of the Wichita Falls Code of Ordinances as amended. The conditional use process may mandate specified hours of operation, as indicated in section 7240 Conditional Approval Process.
B.
GC General Commercial; LI Light Industrial; RDD River Development District:
All outdoor food courts established through the conditional use process in the GC, LI and RDD Zones shall be subject to the following hours of operation provisions based on distance setbacks from common property line from a single-family, duplex, zero lot line residential dwelling use or zoning district and boundary:
C.
No mobile food truck shall operate in within 100 feet of a residential use single family, duplex, zero-lot line dwelling or Single Family 1 and 2 zoning district boundary.
(Ordinance 03-2015, sec. 1, adopted 1/6/15; Ordinance 12-2017, sec. 1, adopted 4/4/17)
§ 5960 Parking.
A.
All outdoor food courts established shall be subject to the provisions of section 6200 Off-Street Parking, Loading and Curb-Cut Regulations of the Wichita Falls Code of Ordinances as amended.
B.
The conditional use process may include conditions of approval for additional parking requirements.
(Ordinance 03-2015, sec. 1, adopted 1/6/15; Ordinance 12-2017, sec. 1, adopted 4/4/17)
§ 5965 Ground surfaces supporting mobile food establishments.
Surfaces shall support mobile food establishment vehicles, and shall be hard-surfaced with HMAC or concrete or alternative surface as approved by the director of community development.
(Ordinance 03-2015, sec. 1, adopted 1/6/15; Ordinance 12-2017, sec. 1, adopted 4/4/17)
§ 5970 Outdoor seating.
A.
Outdoor seating areas shall provide surfaces that meet ADA guidelines and be stable and slip-resistant. Surfaces shall remain unchanged by contaminants or applied force, so that when the contaminant or force is removed, the surface returns to its original condition. A firm surface resists deformation by either indentations or particles moving on its surface. A slip-resistant surface provides sufficient frictional counterforce to the forces exerted in walking to permit safe ambulation.
(Ordinance 03-2015, sec. 1, adopted 1/6/15; Ordinance 12-2017, sec. 1, adopted 4/4/17)
§ 5975 Outdoor lighting.
B.
No outdoor lighting, intended for security or other reasons, shall be permitted to produce glare or light onto adjacent residentially zoned properties greater than 0.3 foot candles as measured at the outdoor food court property line.
C.
For the purpose of this provision, glare is defined as the viewing of a light source to include the bulb and any associated reflector as part of a light fixture, or the reflected viewing of a light source from an object not associated with the light source.
(Ordinance 03-2015, sec. 1, adopted 1/6/15; Ordinance 12-2017, sec. 1, adopted 4/4/17)
§ 5977 Miscellaneous regulations.
The following miscellaneous regulations are applicable to all zones outdoor food courts are allowed - CBD, GC, LI, and RDD:
A.
Platting: Outdoor food courts shall be platted in accordance with the City’s appendix A - Subdivision and Development Regulations.
B.
Fire Access: a minimum 26 foot wide fire apparatus access route shall be provided around the periphery of any outdoor food court for life, health and safety.
C.
All mobile food establishments in an approved outdoor food court that cannot comply with the requirements of chapter 58 - article VI: section 58-293 - Sanitation requirements for all mobile food units relating to central preparation facility requirements shall be removed from the property overnight and serviced by an approved central preparation facility prior to the next day of operation.
D.
All mobile food establishments that remain overnight in an approved outdoor food court shall have connections compliant with current codes for electricity, potable water and sewage disposal, or a system to adequately provide these services to each mobile food establishment.
E.
Use of generators shall not be allowed in an outdoor food court, unless for emergency.
(Ordinance 12-2017, sec. 1, adopted 4/4/17)
§ 5980 Outdoor display.
A.
Purpose.
The purpose is to allow economic opportunities for a business to sell merchandise and/or have hardscape items in designated outdoor display areas on public sidewalks while maintaining safe, attractive, and clear public pedestrian access in the Central Business District (CBD).
B.
Applicability.
Outdoor display shall be limited to public sidewalks in the Central Business District (CBD) zoning district.
C. Encroachment agreement. Hardscape. Off-premises sign. Outdoor display. Primary use.
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
An agreement between a property tenant and the City of Wichita Falls allowing outdoor display on public sidewalks. Written permission from the property owner to the city allowing leasing or use of tenant space of buildings along public sidewalks for outdoor display is required.
A non-living component of a streetscape such as benches, or planters in the outdoor display area. Any benches used must be in good condition, and be functional for the purpose that is intended. All planters must contain real or artificial plants at all times.
A sign on sidewalks displaying advertisement for a business and in an outdoor display area. An off-premises sign is an “A” frame (or sandwich board) sign with a maximum height of four feet. The off-premises sign in this section only applies to outdoor display.
An area on public sidewalks used for display incidental and accessory to a primary use on the same lot and in close proximity of the primary use building or lease space. Outdoor display areas shall abut and be contiguous or align in front of the primary use selling such merchandise. An encroachment agreement is required for outdoor display on public sidewalks.
D.
Encroachment agreement.
1.
An encroachment agreement between the property tenant/owner and city shall be required for any outdoor display areas on public sidewalks in the Central Business District (CBD) zoning district. The encroachment agreement and fee shall be set by the City of Wichita Falls adopted Fee Schedule, and as amended and as regulated in appendix A, section 6.13.
2.
Hardscape (non-merchandise) encroaching into public sidewalks in the Central Business District (CBD) zoning district are only required to pay a document filing fee and enter into an encroachment agreement.
E.
Minimum requirements for outdoor display areas.
Outdoor display areas and pedestrian access areas:
1.
Outdoor display areas shall be limited to sidewalks in the Central Business District (CBD) zoning district.
2.
All outdoor displays shall be an accessory use to the primary use of a store or business.
3.
A continuous pedestrian access clearance of not less than five feet shall be maintained on sidewalks between the primary use building and back of curb (see Figure A). No outdoor display areas shall block nor impair pedestrians from using or accessing sidewalks.
4.
No articles, merchandise, displays, hardscape, signs, wires or cords shall locate in the designated five-foot pedestrian access clearance area.
5.
All articles, merchandise, displays, hardscape, and signs shall be removed by the owner or tenant should there be any public improvements or maintenance needed to infrastructure in the outdoor display area.
6.
No permanent lighting shall be utilized as part of the outdoor display.
7.
No fencing is allowed in outdoor display areas or sidewalks.
8.
No coverings including carpet or other flooring are allowed on sidewalks.
9.
Raised decks, platforms, or other such surfaces are not permitted on sidewalks.
10.
Outdoor merchandise and display fixtures shall not be bolted or permanently fixed onto the ground or sidewalk, fastened to street lights, utility poles, or trees.
11.
No outdoor display areas shall block any entrances or exits of buildings or fire connections.
12.
All driveways, or fire lanes shall be free and clear of outdoor display.
13.
There shall be no outdoor display in the visibility sight triangle. Sight visibility shall be maintained at intersections where there is pedestrian access and driveways or streets as required in section 102-39 of the Code of Ordinances.
14.
All items in the outdoor display area, with the exception of hardscape, must be removed at the close of business.
Figure A is an example for illustration purposes only.  |
Editor’s note – Ord. No. 51-2018, sec. 1, adopted Oct. 2, 2018 laid out provisions for sec. 5980 which duplicated the former secs. 5980–5986, which derived from Ord. No. 44-2016, adopted 11/1/16. To avoid duplication, and at the editor’s discretion, secs. 5981–5986 have been reserved.
(Ordinance 44-2016 adopted 11/1/16; Ordinance 51-2018, sec. 1, adopted 10/2/18)
§ 5802 Purpose.
It is the purpose of this regulation to allow the safe, effective and efficient use of wind energy systems.
(Ordinance 29-2009, sec. 1, adopted 5/5/09)
§ 5803 Definitions.
means the Federal Aviation Administration.
means a structure that is designed and used as a residential dwelling unit, or a non-residential structure that is regularly occupied to conduct business or commerce including agricultural use.
means the height of the entire wind energy system, as measured from the bottom of the base to the highest vertical point of the system, including the base and tower and the highest reach of the turbines and/or blades.
means the monopole, freestanding, or guyed structure that supports a wind energy system.
means the company which owns and/or maintains the power lines and/or electrical grid structure to which a property is or may be connected.
means a wind energy system designed and built with a primary purpose to provide electricity to the electric grid.
means a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine, a tower or attached apparatus, and associated control or conversion electronics, and is intended for on-site production and consumption of electricity to serve the needs of the consumer on site.
(Ordinance 29-2009, sec. 1, adopted 5/5/09)
§ 5804 Conditional use permit required.
A wind energy system as defined herein shall be subject to the conditional use procedure as outlined in section 7200.
(Ordinance 29-2009, sec. 1, adopted 5/5/09)
§ 5805 Primary structure required on lot.
§ 5810 Location and setback.
1.
The tower shall be set back from any property line at least the distance equal to the structure height.
2.
Under no circumstances will a wind energy system be permitted to operate inside a building setback.
3.
Associated equipment enclosures or other buildings and structures located on the same property are subject to the otherwise applicable building setback requirements of the district in which the facility is located.
4.
No portion of a wind energy system, or the required setback, shall encroach upon an easement unless authorized to do so in writing by the easement holder.
5.
A lot on which a wind energy system is constructed shall not be subdivided, unless such subdivision maintains the required structure height setback of the wind energy system from any property lines.
(Ordinance 29-2009, sec. 1, adopted 5/5/09)
§ 5815 Maximum height.
1.
A wind energy system may exceed the height of a zoning district.
2.
No tower height shall exceed the height recommended by the manufacturer or the distributor of the wind energy system.
3.
Tower height is subject to FAA regulations and restrictions.
4.
No wind energy system shall be constructed, altered, or maintained so as to project above any of the imaginary airspace surfaces described in 14 Code of Federal Regulations, Part 77, or as restricted by the latest SAFB AICUZ (Air Installation Compatible Use Zone) Study and section 6400, (Airport Zoning Regulations), of this [ordinance].
5.
The minimum distance from the ground to the lowest reach of the blade or turbine shall be 20 feet.
(Ordinance 29-2009, sec. 1, adopted 5/5/09)
§ 5820 Lighting.
Wind energy systems and towers specifically must comply with the requirements of the FAA with regard to lighting. When obstruction lighting is required by the FAA, such lighting shall not exceed the requirements of said agency. Upward lighting, flood lights or other lighting not strictly required by the FAA is prohibited.
(Ordinance 29-2009, sec. 1, adopted 5/5/09)
§ 5825 Sound.
Sound produced by the turbine or blades under normal operating conditions shall not exceed a decibel level of 35 measured at the ground at any property line. Sound levels, however, may be exceeded during short-term events caused by weather or environmental conditions such as severe wind storms. A determination regarding the unacceptable duration of excessive sound from a turbine or blades shall be within the discretion of the building official.
(Ordinance 29-2009, sec. 1, adopted 5/5/09)
§ 5830 Access.
Every effort shall be made to prevent unauthorized climbing of the tower. Any foot pegs or rungs below 12 feet of a freestanding tower shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood shall be fastened to the bottom tower section such that it cannot be readily climbed.
(Ordinance 29-2009, sec. 1, adopted 5/5/09)
§ 5835 Utility notification.
No wind energy system shall be installed until the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Wind energy systems which are not interconnected to the utility grid shall be exempt from this requirement.
(Ordinance 29-2009, sec. 1, adopted 5/5/09)
§ 5840 Building permit.
1.
A building permit must be obtained prior to the construction or installation of a wind energy system. An application for a building permit must be accompanied by the following:
i.
The appropriate fee as established in the city’s fee schedule;
ii.
A site plan of the proposed wind energy system which clearly shows:
iii.
Elevation drawings showing the design and structure height of the proposed wind energy system;
iv.
A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the latest adopted version of the National Electrical Code; and
v.
Standard installation drawings of the structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with current laws and certified by a licensed professional engineer registered in the state shall also be submitted.
2.
For the purposes of necessary inspections and permits and all other applications of the Building Code, a wind energy system shall be considered a structure.
(Ordinance 29-2009, sec. 1, adopted 5/5/09)
§ 5845 Maintenance.
1.
A wind energy system shall be maintained at all times, including, but not limited to, painting and maintaining structural integrity.
2.
Wind energy systems that have become unstable, apparently lean significantly out of plumb, or pose a danger of collapse shall immediately cease operating and be removed or brought into repair within 30 days following notification by the city.
3.
If the wind energy system is not made safe or removed within 30 days following notification by the city, the city may remove the wind energy system and place a lien on the property for the costs of the removal. However, the building official may order immediate action to prevent an imminent threat to public safety or property.
4.
Failure of a property owner to make safe or remove a wind energy system as required by subsection 2 of this section within 30 days following notification by the city shall constitute a violation punishable by a fine as provided in section 1-14 of the City of Wichita Falls Code of Ordinances, and each day any violation shall continue shall constitute a separate offense.
(Ordinance 29-2009, sec. 1, adopted 5/5/09)
§ 5850 Removal.
A demolition permit must be obtained prior to the demolition or removal of a wind energy system.
(Ordinance 29-2009, sec. 1, adopted 5/5/09)
§ 5855 Utility grid energy systems.
Utility grid energy systems are prohibited within the city limits.
(Ordinance 29-2009, sec. 1, adopted 5/5/09)