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Wichita Falls City Zoning Code

6000 GENERAL

REGULATIONS

§ 6110 Purpose.

It is the declared purpose of this section [6100] that nonconforming development be controlled so that it is not a nuisance to the community, eventually eliminated, and that development be required to comply with the regulations of the Wichita Falls Code of Ordinances, having due regard for the property rights of the persons affected, public welfare, aesthetics and function of the neighborhood, and the character of the surrounding area.
(Ordinance 95-96, sec. 3, adopted 7/2/96)

§ 6120 Nonconforming parcels.

A nonconforming platted parcel which does not meet the minimum area or width requirement may continue to exist if the lot has a structure located thereon. A nonconforming parcel shall not be created, unless a variance to the Code of Ordinances has been granted by the Board of Adjustment.
If no structure exists, the nonconforming parcel may be developed if the proposed use is allowed in that zoning district, and if all other requirements of this zoning ordinance are met which include, but are not limited to setback requirements, parking, and landscaping. Such nonconforming parcel, if created since the adoption of this zoning ordinance, shall first be required to obtain a variance from the Board of Adjustment.
(Ordinance 95-96, sec. 3, adopted 7/2/96)

§ 6125 Nonconforming structures.

An occupied nonconforming structure which is not in conformity with the minimum requirements for the district in which it is located may continue to exist subject to the following:
A. 
Nonresidential structures.
A structure which is in noncompliance with the height or setback requirements of this zoning ordinance, but in compliance as to use of the structure, may be altered in a manner that does not increase the degree of noncompliance of the height or setback requirement, as long as all other provisions of this zoning ordinance including, but not limited to, building coverage, landscaping, and parking requirements, are met. Such an addition shall be on the same lot as the original structure, and the addition shall not be greater in area than the size of the original structure before alteration.
B. 
Residential structures.
1. 
A nonconforming single-family or duplex residential structure, including garages or storage buildings, may be altered in the above manner as long as it is no closer than three feet to a property line which is common with the adjacent property.
2. 
Residential garages, carports and storage buildings may be reconstructed on their original foot print, as long as the size of the structure is not expanded or is not enlarged past what is permitted within that district for that type of structure as defined in the Code of Ordinances if all other requirements of this zoning ordinance, such as, but not limited to, setback requirements, parking, building coverage, etc., are fulfilled.
The wall height of the structure shall not exceed eight feet. The wall height may be increased if it can be proven that a greater wall height existed immediately prior to the destruction and/or removal of the garage. If it is proven that a wall height greater than eight feet existed prior to the destruction and/or removal of the structure, the proposed wall height shall not be greater than that which existed. The overall height shall not, regardless of past conditions, exceed the wall height of the primary dwelling unit.
The structure shall contain the same exterior materials as found in the primary residence or as existed prior to its removal. This provision shall not be interpreted to require the re-installation of materials which have been determined as hazardous which include, but are not limited to, materials containing lead or asbestos.
Structures shall be compatible with structures in the immediate vicinity in appearance and function. The burden of proof of previous conditions, such as wall height, exterior building materials and other past conditions, shall be the responsibility of the applicant. The director of community development or [his] designee shall be responsible for determination of compatibility of use, function and appearance.
(Ordinance 95-96, sec. 3, adopted 7/2/96; Ordinance 64-97, sec. 1, adopted 7/1/97)

§ 6127 Nonconforming uses; expansion.

An existing nonconforming use may be expanded, extended or enlarged subject to the conditional use approval process provided in section 7200 as long as all other provisions of this zoning ordinance, including, but not limited to, building coverage, landscaping, and parking requirements, are met. The expansion must be on the same lot where the nonconforming use is located. However, additional property may be used as a parking area.
(Ordinance 95-96, sec. 3, adopted 7/2/96; Ordinance 64-97, sec. 2, adopted 7/1/97; Ordinance 42-2006, sec. 1, adopted 6/6/06)

§ 6130 Nonconforming use and structure–Reconstruction.

Subject to the conditional use approval process provided in section 7200, the Commission may authorize the reconstruction and occupancy of a nonconforming structure, or a structure containing a nonconforming use, subject to the following restrictions and limitations:
1. 
A right to operate and/or rebuild a nonconforming use terminates when the structure housing the use is destroyed by the intentional act of the owner or his agent.
2. 
When a structure has been damaged by fire or other causes to the extent of not more than 50 percent of the replacement cost of the structure on the date of the damage.
3. 
The structure must be restored or reconstructed so as to have the same approximate height and floor area that it had immediately prior to the damage or destruction. This provision shall not exempt the replacement of a structure of less height or floor area. The property owner has the burden of proof to establish the height and floor area of the structure immediately prior to the damage or destruction.
4. 
Reconstruction must be commenced within one year of the damaging event and substantially complete as determined by the director of community development within one year from the date of commencement. If the director of community development or his designee determines that the applicant has made a good faith effort but has failed to substantially complete such reconstruction within one year, due to unusual circumstances, the director of community development or his designee may grant a six-month extension.
5. 
A restoration or reconstruction in violation of this section, or in violation with other ordinances or building codes immediately terminates the right to operate the nonconforming structure.
(Ordinance 95-96, sec. 3, adopted 7/2/96)

§ 6140 Nonconforming use–Conversion.

The conversion of a nonconforming use to another nonconforming use, regardless of nature of the use, shall be subject to the conditional use approval process provided in section 7200. The Commission may authorize the conditional use permit subject to the following:
1. 
A nonconforming use may be converted to another nonconforming use provided the noise, odor, refuse, traffic volumes and patterns, hours of operation, parking requirements and other factors are similar or less intense.
2. 
Under no circumstance may a nonconforming use convert to a less restrictive use category.
3. 
When a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
4. 
If adjacent to a residential use or district, a use which previously was issued a permit by the city or state to sell alcohol in any form or by any method other than for off-premises consumption, shall not be allowed to continue to dispense or sell such alcohol in any form or by any method except if allowed in that district and subject to the conditions set forth in this ordinance.
5. 
The conversion of a nonconforming use shall be subject to requirements of this ordinance and other applicable codes and ordinances of the city.
6. 
Awnings, canopies and other structures ancillary to the preceding uses, not associated with the proposed use, and which are nonconforming, shall be demolished or otherwise removed.
(Ordinance 95-96, sec. 3, adopted 7/2/96; Ordinance 64-97, sec. 3, adopted 7/1/97)

§ 6145 Same–Discontinuance.

The right to operate as a nonconforming use terminates if the nonconforming use has discontinued operations or remains vacant or unused for two years or more. The Commission may grant a conditional use permit for continuing the operation of a nonconforming use if the structure proposed for the nonconforming use is a commercial structure, and is in conformance with section 6100.
Editor’s note – Section 4 of Ord. No. 64-97, adopted July 1, 1997, deleted sec. 6145 which pertained to discontinuance of nonconforming structures, and renumbered the former sec. 6150 as sec. 6145.
(Ordinance 95-96, sec. 3, adopted 7/2/96; Ordinance 64-97, sec. 4, adopted 7/1/97)

§ 6146 Nonconforming-discontinuance – greater downtown.

The right to operate as a nonconforming use terminates in greater downtown if the nonconforming use has discontinued operations or remains vacant or unused after one (1) year or more. An appeal may be filed with the planning and zoning commission via the granting of a conditional use permit (section 7200) for continuing the operation of a nonconforming use based on the merits of the specific case and particular use being requested for continuance, and is in conformance with section 6100.
(Ordinance 30-2022 adopted 8/16/2022)

§ 6150 Nonconforming site elements.

Site elements as defined herein shall not be considered as “grandfathered,” and shall be required to comply with existing policies and regulations when changing land uses, expanding an existing land use, structure or parcel, or re-occupation of a structure which has been vacant or unused for its originally intended purpose for two years or longer.
1. 
When changing land uses, expanding an existing land use, structure or parcel, or re-occupation of a structure which has been vacant or unused, the owner, tenant, developer or agent shall be responsible for removing all nonconforming canopies or awnings; removing all canopies or awnings not normally associated with the function of the proposed use; and removing nonconforming signage including support structures.
2. 
When changing land uses, expanding an existing land use, structure or parcel, or re-occupation of a structure which has been vacant or unused, the owner, tenant, developer or agent shall be responsible for providing landscaping, sidewalks, handicapped parking and parking paving, stripping or other elements as required under existing policies or regulations.
3. 
When changing land uses, expanding an existing land use, structure or parcel, or re-occupation of a structure which has been vacant or unused, the director of community development or [his] designee shall evaluate proposed site circulation for conflicts or potential for conflicts by uses proposed for the site, who may require modifications or re-design of such areas.
4. 
When changing land uses, expanding an existing land use, structure or parcel, or re-occupation of a structure which has been vacant or unused, the director of community development or [his] designee shall evaluate ingress and egress points with regard to current policies, practices and regulations for such, along with associated curb cut locations. The director may require the modification or relocation of curb cut locations to accommodate the proposed use by considering conflicts or potential for conflicts with existing or anticipated traffic characteristics of the thoroughfare involved.
Editor’s note – Formerly numbered as sec. 6155.
(Ordinance 95-96, sec. 3, adopted 7/2/96; Ordinance 64-97, sec. 4, adopted 7/1/97)

§ 6205 Purpose.

Section 6200 shall be known as the off-street parking, loading, and curb cut regulations. The regulations require provisions for off-street parking and loading facilities proportional to the need created by each use in order to ensure functionally adequate, secure off-street parking and loading facilities and to limit the number of curb cuts along major streets to an amount conducive to reasonable safety standards. Development regulations and design standards are intended to ensure the usefulness of the parking and loading facilities, to protect public safety, and to mitigate potentially adverse impacts on adjacent land uses and city rights-of-way.
(Ordinance 66-99, sec. 2, adopted 7/20/99)

§ 6206 Permit required.

A permit shall be required from the city prior to grading, excavation or placement of any parking facility. An application for a permit shall include a site plan which shall address all requirements under this section. At a minimum, the following shall be provided for review prior to approval by the Department of Community Development:
A. 
Name, address and telephone number of the property owner;
B. 
Property address;
C. 
Existing and/or proposed land uses;
D. 
Location of structures, easements and other site features or amenities as may be required for evaluation;
E. 
Location of parking spaces, circulation isles and ingress/egress points;
F. 
Description of on-site maneuvering, circulation and signage, as required;
G. 
Description of paved surfaces proposed, by vehicle purpose;
H. 
Location, type and size of existing and required landscaping;
I. 
Location of on-site and perimeter drainage structures;
J. 
Location of stormwater detention facilities and engineering plans for drainage and detention facilities as required;
K. 
A permit fee, as required; and
L. 
Other information as may be required by the city.
(Ordinance 66-99, sec. 2, adopted 7/20/99)

§ 6210 Basic provisions.

1. 
Off-street parking facilities and loading facilities shall be provided for any new building constructed, for any new use established, for any addition or enlargement of an existing building or use, any enlargement to or addition of on-site or off-site parking, or any change of occupancy or manner of operation that would result in additional parking spaces being required. The additional parking may be required only for such addition, enlargement, or change and not for the entire building or use unless it is determined that the conformity with parking as required herein is such that, based on historical function of the use or similar such uses, there is need for additional parking. The Department of Community Development shall evaluate the applicability for requiring additional parking spaces resulting from the addition, remodeling or expansion of a use.
2. 
All parking facilities shall be maintained as required herein. Such facilities shall be used exclusively for the temporary parking of motor vehicles. Parking facilities as required herein shall not be used for the sale, display, or storage of merchandise, for the storage or repair of vehicles or equipment or other such activity other than providing public and employee parking as required herein.
3. 
When vehicle access is taken directly from the alley, garages, carports or other form of covered parking shall be setback at least five feet from the edge of the property line.
4. 
Every parking space shall be striped or marked by a wheel stop. Safety barriers, wheel stops, protective bumpers or curbing shall be provided to prevent encroachment onto adjoining public or private property.
5. 
All drive surfaces shall be hard-surfaced with HMAC (hot mix asphalt concrete) or concrete suitable for continued use by vehicles of the type intended. The city may require details of paving sections, and modifications thereof, prior to plan or permit approval to ensure function and longevity for the intended use. Proposed alternatives to address the intent of this provision shall be considered on a case-by-case basis.
6. 
All new, additional or expanded parking shall be subject to landscaping requirements of section 6800.
7. 
Where screening is required to address the intent of this ordinance, no vehicular alley access for ingress and egress to off-street parking facilities shall be permitted to break or otherwise to provide openings in the required screen.
8. 
All parking and loading facilities shall be located on the same site as the use for which such facilities are required, except as authorized herein.
9. 
The Department of Community Development may approve locating a portion of the required parking on another site when both the primary use and parking facility are located in a zoning district which permits that use.
10. 
Off-site parking shall be located within 300 feet of the use which it serves, measured as the shortest practical walking distance from the nearest off-site parking space to the nearest entrance to the building or use which it serves.
11. 
Off-site parking proposed to share parking with an adjacent use shall require approval by the city. A written agreement with the owner of the off-site parking area, by a party authorized to enter such agreement, to assure the continued availability of the required parking area shall be required. Such agreement shall be on a form supplied by the city, filed for record at the county courthouse and a copy provided to the city. Authorized executors of the shared parking agreement shall each notify subsequent property owners and/or tenant of each affected property of the existence of the agreement which may affect the operations or allowed land uses on either property.
12. 
Parking proposed on a separate lot, tract or parcel from the facility or use it is intended to serve shall be considered as part of the total property of the facility or use regardless of any interruption by an easement, right-of-way or other separation. Such parking shall require compliance with provisions herein for the creation of a new use, the reconstruction or remodel of an existing use, or expanding parking facilities.
13. 
Off-site parking facilities shall not fulfill more than 50 percent of a use’s parking requirement.
14. 
The Commission may authorize an adjustment in the total parking requirements where it is demonstrated that the application of the parking schedule is inappropriate to a proposed use due to the mix of existing or proposed uses. There shall be consideration toward calculating net floor area where it can be demonstrated and that special conditions exist which are unusual to the use or property. A request for adjustment may require the submission of a site plan, traffic study and floor plan which address the rationale for reducing parking requirements. Consideration and approval shall be contingent upon the continued operation of like or similar uses as identified under the parking schedule. A change to a use category of parking not included herein shall require separate consideration.
15. 
Minor variations of parking lot design or standards may be approved by the Department of Community Development as long as the purpose of this section is met.
16. 
The city may require the removal or relocation of curb cuts where it is found that an existing or proposed curb cut does, or has the potential to, cause conflicts with either on-site or off-site traffic and its circulation where other possibilities for curb cuts exists. The cost involved for closing and/or relocating curb cuts shall be borne by the property owner and/or tenant.
17. 
Visibility of and between pedestrians, bicyclists, and motorists shall be ensured when entering individual parking spaces, when circulating within a parking facility, and when entering and exiting a parking facility.
18. 
Head-in parking from a public or private street or right-of-way is prohibited, except for single-family or duplex residential use on a local or collector-classed street. No parking or parking facility shall be designed to require vehicles to back into a public or private street except as approved by the Department of Community Development. For the purpose of this section, the term “private street” shall be a means of moving traffic between properties or provide internal circulation to a property, not to include circulation aisles, fire lanes, or other areas for maneuvering on-site traffic as determined by the city.
19. 
Each parking space shall have adequate drives, aisles, and turning and maneuvering areas for access and usability, as per the requirements of this ordinance, and shall at all times have access to a public street or alley. No off-street parking or loading facility shall be located either in whole or in part in a public street or alley right-of-way, or allow for the obstruction of any public sidewalk by a vehicle.
20. 
No loading area shall use a public right-of-way or adjacent property as part of a maneuvering area, nor shall a public right-of-way or adjacent property be used as part of a temporary or permanent parking area for loading or unloading.
21. 
Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accordance with accepted principles of traffic engineering and traffic safety and clearly marked as required by the city.
22. 
Lights provided to illuminate any parking facility or paved area shall be designed to reflect away from any residential use and/or public street.
23. 
Areas used for primary circulation, for frequent idling of vehicle engines or for loading activities shall be designed with screening or sound reduction measures, and located so as to minimize impacts on adjoining properties.
24. 
All parking and loading facilities shall be maintained to ensure desirability and usefulness of the facility. Such facilities shall be maintained free of pot holes, refuse, debris, or other accumulated matter and shall at all times be available for the off-street parking or loading use for which they are required or intended.
25. 
All new, additional or expanded parking shall be subject to on-site stormwater detention in accordance with city requirements.
26. 
All parking facilities shall be graded and provided with permanent storm drainage facilities meeting the construction specifications set by the Public Works Department. Surfacing, curbing, and drainage improvements shall be sufficient to preclude the free flow of water onto adjacent properties or public streets or alleys, and to provide adequate drainage.
27. 
No parking will be permitted on unpaved or grassy surfaces within the area defined as the front yard or exterior side yard, unless recognized as the primary driveway serving a residence.
28. 
When due to the nature of operations, based on historic or similar operations, or where a use exceeds parking capacities required under this regulation, the Commission may review parking requirements of section 6220 and require additional parking. Such a review and decision shall constitute a conditional use subject to applicable provisions of section 7200. Additional parking shall also be subject to other provisions of this ordinance.
(Ordinance 66-99, sec. 2, adopted 7/20/99)

§ 6220 Parking schedule.

Parking facilities shall be provided in accordance with the minimum requirements prescribed in this section except for in the central business district. The use of a building or lot shall determine the parking requirements, which shall also consider mixed uses as provided herein.
Where the application of this schedule results in a fractional requirement, a fraction of 0.5 or greater shall be resolved to the higher whole number.
All non-residential uses shall have four parking spaces minimum.
Use Classification
Minimum Off-Street Parking Requirements
Residential:
Bed and Breakfast Homestay
See section 5700
Single-Family Detached Dwelling
2 spaces per dwelling unit, except for zero lot line residential (see section 5255)
Duplex or Two-Family Dwelling
2 spaces separate from a garage per dwelling unit, except for zero lot line residential (see section 5255)
Multifamily Dwelling
1 space per efficiency unit
1.5 spaces per 1 bedroom
2 spaces per 2 bedroom and over
Boardinghouses, Fraternities, and Sororities
1 space per 2 occupants
Civic:
 
Religious Assembly
1 space per 4 seats
Funeral Homes
1 space per 4 seats
Day Care, Commercial
3 car holding bay, plus 1 space per employee
Schools, Primary and Secondary (grades 1–8)
1 space per teacher and staff
Schools, Secondary (grades 9–12)
1 space per 4 students
Convalescent Services
1.25 spaces per 3 beds
Libraries, Museums, and Art Galleries
10 spaces, plus 1 space per 500 s.f. g.f.a.
Assisted Living Centers
1.25 spaces per 3 units plus 1 per employee
Commercial:
 
Bed and Breakfast Inn
See section 5700
Offices, Banks, Personal Services, Business Services
1 space per 300 s.f. g.f.a.
Clinic and Medical Office
1 space per 200 s.f. g.f.a.
Coin-Operated Amusement Machines Establishment
1 space per 125 s.f. g.f.a.
Hospital
1.5 spaces per bed
Restaurant and Bars
1 space per 100 s.f. g.f.a. plus 1 space per employee
Outdoor Seating
1 space per 300 s.f. gross seating area
Hotels and Motels
1 space per room up to 100 rooms
 
0.75 spaces per room over 100
Retail Trade, Shopping Centers, Auto Repair, Supermarket, Convenience Store
1 space per 200 s.f. g.f.a. for facilities with less than 20,000 s.f. of g.f.a.
 
1 space per 250 s.f. g.f.a. for facilities in excess of 20,000 s.f. g.f.a.
Theaters, Auditoriums, Stadiums, Arenas
1 space per 4 seats
Indoor Entertainment
1 space per 300 s.f. g.f.a. for facilities with less than 20,000 s.f. g.f.a.
 
1 space per 350 s.f. g.f.a. for facilities in excess of 20,000 s.f. g.f.a.
Retail Warehousing
1 space per 600 s.f.
Other Warehousing, Fabricating, Storage, Distribution and Manufacturing
1 space per employee for maximum employment of 2 shifts combined
All Other Nonresidential Uses
1 space per 300 s.f. g.f.a.
Note–g.f.a. = gross floor area
(Ordinance 66-99, sec. 2, adopted 7/20/99; Ordinance 95-2001, sec. 3, adopted 10/2/01)

§ 6225 Design standards for parking facilities.

Design standards are established in this section to set the minimum dimensions and standards for design and construction of parking facilities.
A. 
Design standards for parking facilities shall be as follows:
Angle of Parking Relative to Aisle
(Degrees)
Stall Dimension Perpendicular to Aisle
(Feet)
Stall Dimension Parallel to Aisle
(Feet)
Aisle Width One-Way Traffic
(Feet)
Aisle Width Two-Way Traffic
(Feet)
90
18.0
9.0
24.0
24.0
60
20.1
10.4
16.0
20.0
45
19.1
12.7
11.0
20.0
30
16.8
18.0
11.0
20.0
0
9.0
22.0
12.0
24.0
*When different angled parking is placed opposite each other, the greater aisle shall be applicable.
B. 
Handicapped parking requirements shall be in accordance with Texas Accessibility Standards (TAS), as amended.
For typical parking lot designs, refer to exhibit A herein.
(Ordinance 66-99, sec. 2, adopted 7/20/99)

§ 6230 Loading regulations.

In any district other than the CBD Central Business District, for every building or part thereof erected with a minimum gross floor area of 12,000 square feet, which is to be occupied by a use which requires the receipt or distribution of vehicles, material or merchandise, there shall be provided and maintained on the same lot with such building, at least one off-street loading space, plus one additional loading space for each additional 20,000 square feet, or major fraction thereof.
(Ordinance 66-99, sec. 2, adopted 7/20/99)

§ 6235 Design criteria for loading/unloading facilities.

The dimensions of each loading space shall be determined by the type of vehicle to be accommodated.
A. 
Minimal design criteria for off-street loading.
Design Criteria
(in feet)
All Vehicles Except Tractor Trailer
Tractor-Trailer Truck
Vertical clearance
13
14
Depth of space
35
55*
Width of space
12
12
*This depth is required if tractor is not to be separated from trailer after the vehicle is parked. If the tractor is removed from the trailer, a 40-foot depth is allowed.
B. 
The city may require the description of the maneuvering area. Such areas and descriptions shall be dependent upon the type of vehicles, however, the city may include in its evaluation the necessity for requiring additional areas based on historical need of similar uses or vehicle type.
C. 
No loading space shall be located nearer than 50 feet to any residential use or to a SF-1-Single-Family Residential (large lot) and SF-2 Single-Family Residential (standard lot) Zoning District boundary, unless a demonstrated method for producing minimal impact upon adjacent residential uses is developed and approved by the Department of Community Development which considers enclosed buildings, fences, masonry walls, landscaping or combination thereof.
(Ordinance 66-99, sec. 2, adopted 7/20/99)

§ 6240 Curb cut regulations.

The intent of curb cut regulations is to provide for orderly ingress and egress from a property, to minimize on-site and off-site confusion and to identify those areas to motorist and pedestrians.
A. 
Curb cuts shall be approved by the Department of Community Development based on the curb cut requirements in exhibit B herein.
B. 
All access driveways shall be at an angle of 45 degrees to 90 degrees measured from roadway, street or alley centerline.
C. 
No curb opening shall be allowed within the area of corner curb return radius.
D. 
Alternatives to provisions herein shall be considered where such alternatives address the intent for providing curb cuts and their locations.
(Ordinance 66-99, sec. 2, adopted 7/20/99)

§ 6250 Final inspection and approval required.

All provisions required herein shall be subject to inspection and approval prior to issuance of a final inspection record. A final inspection record shall only be issued following compliance with regulations herein. Failure to obtain a final inspection record may cause interruption in a use or the business.
EXHIBIT A
Typical Parking Lot Designs
-Image-10.tif
EXHIBIT B
-Image-11.tif
Frontage
A
B
C
D
Curb Return Radii
Island Width
Corner Clearance
No. of Driveways
Driveway Width
Minimum
Maximum
 
Desirable
Minimum
Maximum
0 to 50 feet
7 feet
30 feet
25 feet
35 feet
30 feet
1
35 feet
51 feet to 100 feet
7 feet
30 feet
25 feet
35 feet
30 feet
2
35 feet
100 feet to 300 feet
7 feet
30 feet
25 feet
40 feet
30 feet
3
35 feet
301 to 600 feet
10 feet
30 feet
50 feet
45 feet
30 feet
4
35 feet
601 feet and up*
 
 
 
 
 
 
 
Frontage
A
B
C
D
Curb Return Radii
Island Width
Corner Clearance
No. of Driveways
Driveway Width
Minimum
Maximum
 
Desirable
Minimum
Maximum
0 to 50 feet
7 feet
30 feet
25 feet
35 feet
30 feet
1
35 feet
51 feet to 100 feet
7 feet
30 feet
25 feet
35 feet
30 feet
2
35 feet
100 feet to 300 feet
7 feet
30 feet
25 feet
40 feet
30 feet
3
35 feet
301 to 600 feet
10 feet
30 feet
50 feet
45 feet
30 feet
4
35 feet
601 feet and up*
 
 
 
 
 
 
 

§ 6305 Historic Landmarks.

The historic landmarks regulations shall be subject to the provisions of section 62-36 et seq., of Wichita Falls Code of Ordinances as amended.

§ 6405 Purpose.

The purpose of the airport zoning provision is to ensure protection of the utility of Sheppard Air Force Base/Wichita Falls Regional Airport and Kickapoo Downtown Airport and the public investment by the regulation of land uses in the vicinity of Sheppard Air Force Base/ Wichita Falls Regional Airport and Kickapoo Downtown Airport where it has been determined that Sheppard Air Force Base/Wichita Falls Regional Airport and Kickapoo Downtown Airport are essential economic elements of the city and surrounding cities and counties.
It is also the purpose of this provision to protect the health, safety, and general welfare of the public where it is recognized that obstructions, aircraft accidents, and excessive noise have the potential for endangering or harming the lives and/or property of users or occupants of land in the vicinity of Sheppard Air Force Base/Wichita Falls Regional Airport and Kickapoo Downtown Airport.
(Ordinance 155-94, sec. 1, adopted 12/20/94; Ordinance 32-2001, sec. 4, adopted 4/3/01; Ordinance 8-2006, sec. 1, adopted 2/7/06)

§ 6407 Definitions.

AICUZ
means Air Installation Compatible Use Zone.
Airport
means Sheppard Air Force Base/Wichita Falls Regional Airport and Kickapoo Downtown Airport.
Airport elevation
means the established elevation of the highest point on the usable landing area measured in feet from mean sea level.
Airport hazard
means any structure or tree or use of land which obstructs the air space required for the flights of aircraft or which obstructs or interferes with the control or tracking and/or data acquisition in the landing, taking off or flight at an airport, or at any installation or facility relating to flight, and tracking and/or data acquisition of the flight craft; hazardous, interfering with or obstructing such landing, taking off or flight of aircraft or which is hazardous to or interferes with tracking and/or data acquisition pertaining to flight and flight vehicles.
Airport hazard area
means any area of land or water upon which an airport hazard might be established if not prevented as provided in this article.
Airport reference point
means the point established as the approximate geographic center of the airport landing area and so designated.
Approach/departure surface
means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 6425 of this ordinance. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
Approach surface
means a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end. The slope and dimensions of the approach surfaces are set forth in section 6435.
Conical surface
means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.
Departure surface
means a surface longitudinally centered on the extended runway centerline and extending outward and upward from each runway end. The slopes of the departure surfaces are 40 horizontal for each one vertical (40:1). The inner widths of the departure zones 1,000 feet and the outer widths are 6,466 feet. Slopes and dimensions of the departures zones are as set forth in section 6435.
Hazard to air navigation
means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
Height
For the purpose of determining the height limits in all zones set forth in this ordinance and shown on the zoning map, the datum shall be mean sea level (MSL) elevation unless otherwise specified.
Horizontal surface
means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal plane.
Landing area
means the surface area of the airport used for the landing, take-off or taxiing of aircraft.
Non-conforming use
means any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this ordinance or an amendment thereto.
Non-precision instrument runway
means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.
Obstruction
means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in section 6448.
Person
means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.
Primary surface
means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. In accordance with FAR Part 77, the width of the primary surface at Kickapoo Downtown Airport is 500 feet for a non-precision instrument runway having visibility minimums greater than three-fourths statute mile.
Runway
means a defined area on an airport prepared for landing and take-off of aircraft along its length.
Structure
means an object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.
Transitional surfaces
means those surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which projects through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to extended runway centerline.
Tree
means any object of natural growth.
Visual runway
means a runway intended solely for the operation of aircraft using visual approach procedures.
(Ordinance 8-2006, sec. 1, adopted 2/7/06)

§ 6410 Applicability.

Airport zoning regulations shall apply to all of the incorporated areas of the city and unincorporated areas which are located within an accident potential zone, noise zone or height restriction zone as described herein. The use of all land and any buildings or structures located upon the land, and the height, construction, reconstruction, alteration, expansion or relocation of any building or structure upon the land, shall conform to all regulations applicable to this section. No land, building, structure or premises shall be constructed and/or used for any purpose or in any manner other than is permitted in this section.
The airport zoning regulation shall be in accordance with prescribed regulations contained Texas Local Government Code sec. 241.001 et seq.
(Ordinance 155-94, sec. 1, adopted 12/20/94; Ordinance 8-2006, sec. 1, adopted 2/7/06)

§ 6415 Airport Zoning Board.

The Commission for the city shall be responsible for all duties and powers granted to an Airport Zoning Board as required by Texas Local Government Code sec. 241.001 et seq.
(Ordinance 155-94, sec. 1, adopted 12/20/94; Ordinance 8-2006, sec. 1, adopted 2/7/06)

§ 6420 Permitted uses.

Refer to the Land Use Compatibility Table included herein for permitted, controlled, and prohibited land uses in accordance with the latest AICUZ Study for Sheppard Air Force Base.
(Ordinance 155-94, sec. 1, adopted 12/20/94; Ordinance 72-2000, sec. 2, adopted 7/5/00; Ordinance 8-2006, sec. 1, adopted 2/7/06)

§ 6428 Accident potential zones for Sheppard Air Force Base/Wichita Falls Regional Airport.

Accident potential zones are established within the area of the Sheppard Air Force Base/ Wichita Falls Regional Airport for the purpose of regulating the development of areas which possess an accident potential hazard so as to promote compatibility between the airport and the surrounding land uses, protect the airport from incompatible encroachment, and promote the health, safety and general welfare of property users.
A. 
Zone boundaries.
The boundaries of said zones are established as shown on the map included in the latest AICUZ Study for Sheppard Air Force Base. Accident Potential Zones are located beyond the clear zone at the end of the runways and are:
1. 
For runway 17/35, Accident Potential Zones I and II shall be 1,000 feet wide and 2,500 feet long.
2. 
For runways 15R/C/L and 33L/C/R, accident potential zone I (APZ I) shall be 3,000 feet wide and 5,000 feet long; Accident Potential Zone II (APZ II) shall be 3,000 feet wide and 7,000 feet long.
B. 
Compatible uses.
Compatible uses within each Accident Potential Zone are established as shown in the AICUZ study for Sheppard Air Force Base dated August 1999. Only compatible uses will be allowed.
(Ordinance 155-94, sec. 1, adopted 12/20/94; Ordinance 72-2000, sec. 2, adopted 7/5/00; Ordinance 32-2001, sec. 6, adopted 4/3/01; Ordinance 8-2006, sec. 1, adopted 2/7/06)

§ 6431 Noise zones for Sheppard Air Force Base/Wichita Falls Regional Airport.

For the purpose of regulating the development of areas which possess a noise hazard to certain land uses, so as to promote compatibility between the airport and the surrounding land uses, protect the airport from incompatible encroachment, and promote and protect the health, safety and general welfare of property users, noise zones are established within the area of the Sheppard Air Force Base/ Wichita Falls Regional Airport.
A. 
Zone boundaries.
The boundaries of said zones are established as shown on the map included in the latest AICUZ study for Sheppard Air Force Base. Noise zones are located within the 65 dB or greater noise contour as shown in the AICUZ study for Sheppard Air Force Base.
B. 
Compatible uses.
Compatible uses within the noise zone are established as shown in the latest AICUZ study for Sheppard Air Force Base. Only compatible uses will be allowed.
(Ordinance 72-2000, sec. 2, adopted 7/5/00; Ordinance 32-2001, sec. 7, adopted 4/3/01; Ordinance 8-2006, sec. 1, adopted 2/7/06)

§ 6435 Height restriction zones for Sheppard Air Force Base/Wichita Falls Regional Airport.

In order to carry out the provisions included herein as it pertains to height restrictions, there are established certain height restriction zones which include all of the land lying beneath the approach-departure surface, inner horizontal surface, conical surface, outer horizontal surface, and transitional surface as they apply to Sheppard Air Force Base/Wichita Falls Regional Airport. Such zones and height restrictions are shown in the most recent AICUZ study of Sheppard Air Force Base. The various zones are established and defined as follows:
A. 
Zones related to runways.
1. 
Primary zone (A zone).
All of the land area lying beneath a primary surface, which is a surface on the ground centered lengthwise of the runway and extending 200 feet beyond each end of that runway. The width of the primary surfaces are:
a. 
For runway 17/35: 1,000 feet.
b. 
For runways 15R/33L, 15C/33C, and 15L/33R: 2,000 feet.
No structure is permitted within the primary zone (A zone) as described herein.
2. 
Clear zone (B zone).
All of the land area lying beneath a clear zone surface, which is a surface on the ground beginning at the runway end and symmetrical with the runway centerline extended. The width and length of the clear zone surfaces are:
a. 
For runway 17/35: 1,000 feet wide and 3,000 feet long.
b. 
For runways 15R/33L, 15C/33C, and 15L/33R: 3,000 feet wide and 3,000 feet long.
3. 
Approach/departure zone (C and D zones).
All of the land area lying under an approach/departure surface, which is an inclined plane or combination inclined plane and horizontal plane, symmetrical about the runway centerline extended. The inclined plane flares outward and upward from the primary surface or planned expansion, and begins with the centerline elevation of the runway end. The slope ratio and dimensions of the inclined planes (C zone) and dimensions of the horizontal planes (D zone) are as follows:
a. 
Runway 17/35: one foot in height for each 40 feet in horizontal distance beginning at the runway ends. The runway end centerline elevations are 1,001 feet mean sea level (MSL) and 1,014 feet MSL for runways 17 and 35, respectively. The surface extends to a point 10,200 feet from the respective runway ends with an inner width of 1,000 feet and an outer width of 6,466 feet. The maximum elevations for the approach/departure clearance zones are 1,256 and 1,269 feet MSL for runways 17 and 35, respectively.
b. 
Runway 15R/33L: one foot in height for each 50 feet in horizontal distance beginning at the end of the primary surfaces and at the centerline elevation of the runway end. The runway end centerline elevation is 998 MSL feet for runway 15R and 1,000 MSL feet for 33L. The surfaces extend until they reach an elevation of 500 feet above established airfield elevation (1,515 MSL). They then continue horizontally at this elevation to a point 50,000 feet from the point of beginning. The outer width is 16,000 feet.
c. 
Runway 15C/33C (formerly 15L/33R): one foot in height for each 50 feet in horizontal distance beginning at the end of the primary surfaces and at the centerline elevation of the runway end. The runway end centerline elevation is 1,003 MSL feet for runway 15C and 989 MSL feet for runway 33R. The surfaces extend until they reach an elevation of 500 feet above established airport elevation (1,515 MSL). They then continue horizontally at this elevation to a point 50,000 feet from the point of beginning. The outer width is 16,000 feet.
d. 
Runway 15L/33R: one foot in height for each 50 feet in horizontal distance beginning at the end of the primary surface centerline elevation of the runway end. The runway end centerline is 1,021 MSL feet for runway 15L and 996.9 MSL for runway 33R. The surfaces extend until they reach an elevation of 500 feet above established airport elevation (1,515 MSL). They then continue horizontally at this elevation to a point 50,000 feet from the point of beginning. The outer width is 16,000 feet.
B. 
Zones related to airport reference points.
1. 
Inner horizontal zone (E zone).
All of the land lying beneath the inner horizontal surface, which is an oval-shaped plane at a height of 150 feet above the established airfield elevation (1,165 MSL). It is constructed by scribing an arc with a radius of 7,500 feet about the centerline at each end of each runway and interconnecting these arcs with tangents.
2. 
Conical zone (F zone).
All of the land area lying beneath the conical surface, which is an inclined plane that extends from the periphery of the inner horizontal surface outward and upward at a slope of 20 to one for a horizontal distance of 7,000 feet to a height of 500 feet above the established airfield elevation (1,515 MSL).
3. 
Outer horizontal zone (G zone).
All of the land area lying beneath the outer horizontal surface, which is an oval-shaped plane located 500 feet above the established airport elevation (1,515 MSL), extending outward from the outer periphery of the conical surface for a horizontal distance of 30,000 feet.
4. 
Transitional zone (H zone).
All of the land area lying beneath a transitional surface, which are inclined planes that connect the primary surface and the approach-departure clearance surfaces to the inner horizontal surface, conical surface, outer horizontal, or other transitional surfaces. The slope is one foot in height for each seven feet in horizontal distance outward and upward at right angles to the runway centerline and runway centerline extended. To determine the elevation for the beginning of the transitional surface slope at any point along the lateral boundary of the primary surface, draw a line from the point, perpendicular to the runway centerline or to the runway centerline extended. The elevation of the runway or the runway centerline extended at that intersection is the elevation for the beginning of the seven to one slope.
5. 
Except as otherwise provided in this provision, no structure or obstruction shall be erected, altered or maintained in any zone created by this provision to a height in excess of the applicable height of the surface used to describe such zone.
C. 
Diagram.
-Image-12.tif
(Ordinance 155-94, sec. 1, adopted 12/20/94; Ordinance 32-2001, sec. 8, adopted 4/3/01; Ordinance 8-2006, sec. 1, adopted 2/7/06)

§ 6448 Height restriction zones for Kickapoo Downtown Airport.

In order to carry out provisions herein, there are established certain zones which include all of the land lying beneath the approach surfaces, departure surfaces, transition surfaces, horizontal surface and conical surface as they apply to Kickapoo Downtown Airport. Such zones are shown on the zoning map for Kickapoo Downtown Airport. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation.
Primary zone.
Primary zone. All of the land area lying beneath the primary surface, which is a surface on the ground centered lengthwise of the runway and extending 200 feet beyond each end of that runway or planned expansion. The width of the primary surface for runway 17/35 shall be 500 feet for a non-precision instrument runway having a non-precision instrument approach with visibility minimums less than three-fourths of a statute mile.
Approach zones.
Runway 17. One foot in height for each 20 feet in horizontal distance beginning at the end of the primary zone and extending a horizontal distance of 5,000 feet from that point. The width of the approach zone shall be 500 feet at the end of the primary surface increasing to a width of 1,500 feet at a distance of 5,000 feet from the end of the primary surface. The elevation of the end of runway 17 is 979 feet.
Runway 35. One foot in height for each 34 feet in horizontal distance beginning at the end of the primary zone and extending a horizontal distance of 10,000 feet from that point. The width of the approach zone shall be 500 feet at the end of the primary surface increasing to a width of 3,500 feet at a distance of 10,000 feet from the end of the primary surface. The elevation of the end of runway 35 is 1002.9 feet.
Transition zone. Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach/departure surface, and extending to a height of 150 feet above the established airport elevation of 998 feet MSL.
Horizontal zone. The area beneath a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of the runway 17/35 and connecting the adjacent arcs by lines tangent to those arcs.
Conical zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
Departure zones. The departure zones are established at each runway end. The departure zone begins at the runway end and extends for a horizontal distance of 10,200 feet beyond the runway end. The inner surface of the departure zone is 1,000 feet in width increasing to a width of 6,466 feet at a distance of 10,200 feet. The elevation of the inner edge of the departure zone is the same as the elevation of the runway end.
(Ordinance 32-2001, sec. 12, adopted 4/3/01; Ordinance 8-2006, sec. 1, adopted 2/7/06)

§ 6450 Height restriction zone construction limitations.

Except as otherwise provided in this [ordinance], no person or entity shall erect, alter, or maintain a structure, and permit no tree to grow in any airport height restriction zone to a height in excess of the applicable height limit herein established for such zone.
(Ordinance 8-2006, sec. 1, adopted 2/7/06)

§ 6455 Additional use restrictions.

A. 
Notwithstanding any other provisions, no use shall be made of land within any zone established herein in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise endanger or interfere with the safe landing, taking off or maneuvering of aircraft intending to use the airport.
B. 
No structure, tower, or tree shall be placed, erected or allowed to grow to a height that would penetrate a 100 to one slope from any point on a runway to the outer limits of the extraterritorial jurisdiction without a determination as to the impact of such use. The city and Sheppard Air Force Base shall be responsible for evaluating the impacts of the tower, structure or other obstruction and findings reported to the Airport Zoning Board for evaluation and determination of the impacts. The Airport Zoning Board shall be responsible for approving, conditionally approving or denying the placement of a tower, structure or other obstruction. An exception to requiring approval from the Airport Zoning Board exists where both the city and Sheppard Air Force Base have determined that no significant impact will result.
C. 
Regulations herein shall apply within the corporate limits and extraterritorial jurisdiction of the city.
(Ordinance 155-94, sec. 1, adopted 12/20/94; Ordinance 32-2001, secs. 9, 10, adopted 4/3/01; Ordinance 8-2006, sec. 1, adopted 2/7/06)

§ 6460 Nonconforming uses.

A. 
Regulations not retroactive.
The regulations prescribed by this provision shall not be construed to require changes in land use or the removal, lowering or other change or alteration of any structure established prior to the regulation as of October 31, 1982, or otherwise interfere with the continuance of any nonconforming use.
B. 
Marking and lighting.
Notwithstanding provisions herein, the owner of any nonconforming structure is hereby required to permit the installation, operation and maintenance thereon of such markers and lighting as shall be deemed necessary by Sheppard Air Force Base and/or Wichita Falls Regional Airport or the city to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the city and/or Sheppard Air Force Base.
C. 
Reconstruction.
Any nonconforming use which is damaged or destroyed by fire, flood, explosion, wind, earthquake, war, riot, or other calamity may be reconstructed and used as it was before such happening.
(Ordinance 155-94, sec. 1, adopted 12/20/94; Ordinance 32-2001, sec. 13, adopted 4/3/01; Ordinance 8-2006, sec. 1, adopted 2/7/06)

§ 6465 Permits.

A. 
New construction.
A permit shall be required to construct a structure in any accident potential zone, noise zone, or height restriction zone established by this provision as specifically provided herein. Each application for a permit shall indicate the location, height, and if applicable, use of the structure, with sufficient particularity to enable it to be determined whether the resulting structure would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a structure inconsistent with these provisions shall be granted unless a variance has been approved in accordance with subsection C of this section.
1. 
In the limits of the accident potential zones (APZ I and II), a permit shall be required for any structure. Such permits shall be issued when the proposed use of the structure is permitted, and the vertical height of the structure above the ground does not exceed the height limits prescribed herein.
(a) 
In the area lying inside the accident potential zones (APZ I and II), a permit shall be required for any use or structure. Such permits shall be issued when the vertical height of the structure, above the ground, does not exceed the height limits prescribed herein and is found to be a compatible use as defined herein.
(b) 
In the area lying outside the accident potential zones (APZ I and II) and within a height restriction zone, a permit shall be required for any use or structure. Such permits shall be issued when the vertical height of the structure, above the ground, does not exceed the height limits prescribed herein and is found to be a compatible use as defined herein.
2. 
In the area within the 65 dB or greater noise contour as shown in the latest AICUZ study for Sheppard Air Force Base, a permit shall be required for any use or structure as identified in the Land Use Compatibility Table included herein as requiring noise attenuation. Such permits shall be issued when the building official has approved noise attenuation measures on those uses requiring attenuation as identified herein.
No certificate of occupancy (CO) shall be issued for commercial properties until such time compliance is realized through inspection and approval by the building official for compliance with noise attenuation measures as required herein. For residential land uses required to attenuate, no water sales by the city or appropriate water districts or supply corporations shall be permitted until compliance is realized through inspection and approval of the building official.
Noise attenuation measures as required herein, and as approved by the building official, shall be installed and maintained at the same level of attenuation as required by this provision.
B. 
Existing uses.
1. 
No permit shall be granted that would allow the establishment or creation of any airport hazard or permit a nonconforming use or structure to be made higher or become a greater hazard to air navigation, than it was on the effective date of this ordinance.
2. 
No permit shall be granted that would allow the expansion of a use not herein permitted within the noise zone unless said use adheres to attenuation measures as required.
C. 
Variances.
Any person desiring to erect or increase the height of any structure, or use his property contrary to the regulations prescribed in this provision, may apply to the Board of Adjustment for a variance from such regulations in question. The application for variance from a height restriction shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. A variance request shall be processed in accordance with section 7300.
D. 
Obstruction marking and lighting.
Any permit or variance granted may, if such action is deemed advisable by the director of community development or his designee or the Board of Adjustment to effectuate the purposes of this provision and is reasonable under the circumstances, be so conditioned as to require the owner of the structure in question to install, operate and maintain, at their expense, such markings and lights as may be necessary.
(Ordinance 155-94, sec. 1, adopted 12/20/94; Ordinance 72-2000, sec. 2, adopted 7/5/00; Ordinance 32-2001, sec. 14, adopted 4/3/01; Ordinance 8-2006, sec. 1, adopted 2/7/06)

§ 6475 Enforcement.

It shall be the duty of the director of community development or his designee to administer and enforce the regulations prescribed herein. Applications for permits shall be made to the director of community development or his designee. Applications required by this provision to be submitted to the director of community development or his designee shall be promptly considered and granted or denied by him. In the event that the director of community development or his designee refuses to grant the application, the applicant may appeal such decision to the Board of Adjustment.
Applications for variances shall be made to the Board of Adjustment by first filing said application for variance with the director of community development or his designee who shall forthwith transmit said application to the Board of Adjustment for determination.
(Ordinance 32-2001, sec. 15, adopted 4/3/01; Ordinance 8-2006, sec. 1, adopted 2/7/06)

§ 6480 Airport Board of Adjustment.

An Airport Board of Adjustment shall be appointed comprised of both residents of the City of Wichita Falls and residents located outside the city but within the area affected by this ordinance, in accordance with the provisions of the Local Government Code. The board shall consist of five members appointed by the city council. Three members shall be citizens of the city, and two members shall be residents located outside the city, but within the area affected by this ordinance. The city council shall also appoint one ex-officio, non-voting member who shall serve two-year staggered terms commencing on December 31. The ex-officio member of the board shall be nominated by the military installation, Commander of the 82nd Training Wing. The city’s resident members shall be appointed in even-numbered years, and the members located outside the city shall be appointed on odd-numbered years. The actions and procedures of the Airport Board of Adjustment shall be those as required under Texas Local Government Code sec. 241.032, as amended.
(Ordinance 155-94, sec. 1, adopted 12/20/94; Ordinance 67-99, sec. 1, adopted 7/20/99; Ordinance 126-2000, sec. 1, adopted 12/19/00; Ordinance 32-2001, sec. 16, adopted 4/3/01; Ordinance 8-2006, sec. 1, adopted 2/7/06; Ordinance 02-2016, sec. 1, adopted 1/5/16, eff. adopted 2/5/16)

§ 6485 Land use compatibility table for Sheppard Air Force Base/Wichita Falls Regional Airport.

Accident Potential Zones
Noise Zones
(dB)
SLUCM No.
Land Use
Clear Zone
APZ I
APZ II
65-70
70-75
75-80
80+
10
RESIDENTIAL
11
HOUSEHOLD UNITS
11.11
Single Units; Detached
N
N
Y 1
A 11
B 11
N
N
11.12
Single Units; Semidetached
N
N
N
A 11
B 11
N
N
11.13
Single Units; Attached row
N
N
N
A 11
B 11
N
N
11.21
Two Units; Side by side
N
N
N
A 11
B 11
N
N
11.22
Two Units; One above the other
N
N
N
A 11
B 11
N
N
11.31
Apartments; Walk up
N
N
N
A 11
B 11
N
N
11.32
Apartments; Elevator
N
N
N
A 11
B 11
N
N
12
Group Quarters
N
N
N
A 11
B 11
N
N
13
Residential Hotels
N
N
N
A 11
B 11
N
N
14
Mobile Home Parks or Courts
N
N
N
N
N
N
N
15
Transient Lodgings
N
N
N
A 11
B 11
C 11
N
16
Other Residential
N
N
N 1
A 11
B 11
N
N
20
MANUFACTURING
21
Food and Kindred Products; Manufacturing
N
N 2
Y
Y
Y 12
Y 13
Y 14
22
Textile Mill Products; Manufacturing
N
N 2
Y
Y
Y 12
Y 13
Y 14
23
Apparel and Other Finished Products Made From Fabrics, Leather, and Similar Materials; Manufacturing
N
N
N 2
Y
Y 12
Y 13
Y 14
24
Lumber and Wood Products (except furniture); Manufacturing
N
Y 2
Y
Y
Y 12
Y 13
Y 14
25
Furniture and Fixtures; Manufacturing
N
Y 2
Y
Y
Y 12
Y 13
Y 14
26
Paper and Allied Products; Manufacturing
N
Y 2
Y
Y
Y 12
Y 13
Y 14
27
Printing, Publishing and allied industries
N
Y 2
Y
Y
Y 12
Y 13
Y 14
28
Chemicals and Allied Products Manufacturing
N
N
N 2
Y
Y 12
Y 13
Y 14
29
Petroleum Refining and related industries
N
N
Y
Y
Y 12
Y 13
Y 14
30
Manufacturing
 
 
 
 
 
 
 
31
Rubber and Misc. Plastic Products; Manufacturing
N
N 2
N 2
Y
Y 12
Y 13
Y 14
32
Stone, Clay and Glass Products; Manufacturing
N
N 2
Y
Y
Y 12
Y 13
Y 14
33
Primary Metal Industries
N
N 2
Y
Y
Y 12
Y 13
Y 14
34
Fabricated Metal Products; Manufacturing
N
N 2
Y
Y
Y 12
Y 13
Y 14
35
Professional, Scientific, and Controlling Instruments; Photographic and Optical Goods; Watches and Clocks Manufacturing
N
N
N 2
Y
A
B
N
39
Miscellaneous Manufacturing
N
Y 2
Y 2
Y
Y 12
Y 13
Y 14
40
TRANSPORTATION, COMMUNICATIONS AND UTILITIES
41
Railroad, Rapid Rail Transit and Street Railroad Transportation
N 3
Y 4
Y
Y
Y 12
Y 13
Y 14
42
Motor Vehicle Transportation
N 3
Y
Y
Y
Y 13
Y 14
Y 15
43
Aircraft Transportation
N 3
Y 4
Y
Y
Y 12
Y 13
Y 14
44
Marine Craft Transportation
N 3
Y 4
Y
Y
Y 12
Y 13
Y 14
45
Highway and Street Right-of-way
N 3
Y
Y
Y
Y 12
Y 13
Y 14
46
Automobile Parking
N 3
Y 4
Y
Y
Y 12
Y 13
Y 14
47
Communications
N 3
Y 4
Y
Y
A 15
B 15
N
48
Utilities
N 3
Y 4
Y
Y
Y
Y 12
Y 13
49
Other Transportation, Communications and Utilities
N 3
Y 4
Y
Y
A 15
B 15
N
50
TRADES
51
Wholesale Trade
N
Y 2
Y
Y
Y 12
Y 13
Y 14
52
Retail Trade–Building Materials Hardware and Farm Equipment
N
Y 2
Y
Y
Y 12
Y 13
Y 14
53
Retail Trade–General Merchandise
N
N 2
Y 2
Y
A
B
N
54
Retail Made–Food
N
N 2
Y 2
Y
A
B
N
55
Retail Trade– Automotive, Marine Craft, Aircraft and Accessories
N
Y 2
Y 2
Y
A
B
N
56
Retail Trade–Apparel and Accessories
N
N 2
Y 2
Y
A
B
N
57
Retail Trade–Furniture, Home Furnishings and Equipment
N
N 2
Y 2
Y
A
B
N
58
Retail Trade–Eating and Drinking Establishments
N
N
N 2
Y
A
B
N
59
Other Retail Trade
N
N 2
Y 2
Y
A
B
N
60
SERVICES
61
Finance, Insurance and Real Estate Services
N
N
Y 6
Y
A
B
N
62
Personal Services
N
N
Y 6
Y
A
B
N
62.4
Cemeteries
N
Y 7
Y 7
Y
Y
Y V
Y 14, 21
63
Business Services
N
Y 8
Y 8
Y
A
B
N
64
Repair Services
N
Y 2
Y
Y
Y 12
Y 13
Y 14
65
Professional Services
N
N
Y 6
Y
A
B
N
65.1
Hospitals, Nursing Homes
N
N
N
A*
B*
N
N
65.1
Other Medical Facilities
N
N
N
Y
A
B
N
66
Contract Construction Services
N
Y 6
Y
Y
A
B
N
67
Governmental Services
N
N
Y 6
Y*
A*
B*
N
68
Educational Services
N
N
N
A*
B*
N
N
69
Miscellaneous Services
N
N 2
Y 2
Y
A
B
N
70
CULTURAL, ENTERTAINMENT AND RECREATIONAL
71
Cultural Activities (including churches)
N
N
N 2
A*
B*
N
N
71.2
Nature Exhibits
N
Y 2
Y
Y*
N
N
N
72
Public Assembly
N
N
N
Y
N
N
N
72.1
Auditoriums, Concert Halls
N
N
N
A
B
N
N
72.11
Outdoor Music Shells, Amphitheaters
N
N
N
N
N
N
N
72.2
Outdoor Sports Arenas, Spectator Sports
N
N
N
Y 17
Y 17
N
N
73
Amusements
N
N
Y 8
Y
Y
N
N
74
Recreational Activities (including golf, riding stables, and water recreation)
N
Y 8, 9, 10
Y
Y*
A*
B*
N
75
Resorts and Group Camps
N
N
N
Y*
Y*
N
N
76
Parks
N
Y 8
Y 8
Y*
Y*
N
N
79
Other Cultural, Entertainment and Recreation
N
Y 9
Y 9
Y*
Y*
N
N
80
RESOURCES PRODUCTION AND EXTRACTION
81
Agricultural (except livestock)
Y 16
Y
Y
Y 18
Y 19
Y 20
Y 20, 21
81.5
Livestock Farming and Animal
 
 
 
 
 
 
 
81.7
Breeding
N
Y
Y
Y 18
Y 19
Y 20
Y 20, 21
82
Agricultural-related Activities
N
Y 5
Y
Y 18
Y 19
N
N
83
Forestry Activities and Related Services
N 5
Y
Y
Y 18
Y 19
Y 20
Y 20, 21
84
Fishing Activities and Related Services
N 5
Y 5
Y
Y
Y
Y
Y
85
Mining Activities and Related Services
N
Y 5
Y
Y
Y
Y
Y
89
Other Resource Production and Extraction
N
Y 5
Y
Y
Y
Y
Y
LEGEND
SLUCM: Standard Land Use Coding Manual, U.S. Department of Transportation.
Y (Yes): Land use and related structures are compatible without restriction.
N (No): Land use and related structures are not compatible and shall be prohibited.
Yx (yes with restrictions): Land use and related structures generally compatible; see notes 1 through 21.
Nx (no with exceptions): See notes 1 through 21.
NLR (Noise Level Reduction): NLR (outdoor to indoor) to be achieved through incorporation of noise attenuation measures into the design and construction of the structures.
A, B, or C: Land use and related structures generally compatible; measures to achieve NLR for A (DNL 66-70), B (DNL 71-75), C (DNL 76-80), need to be incorporated into the design and construction of structures and approved by the building official.
Ax, Bx, and Cx: Land use generally compatible with NLR. However, measures to achieve an overall noise level reduction do not necessarily solve noise difficulties and additional evaluation is warranted. See appropriate footnotes.
The designation of these uses as “compatible” in this zone reflects individual federal agencies’ and program considerations of general cost and feasibility factors, as well as past community experiences and program objectives. The Airport Zoning Board shall review request and be responsible for issuing necessary permits based on its findings.
NOTES
1.
Maximum density of one–two dwelling units per acre or lot coverage less than 20 percent, whichever is greater.
2.
Within each land use category, uses exist where further definition may be needed due to the variation of densities in people and structures (see Exhibit A included herein).
3.
No buildings, structures or above-ground utilities shall be placed within the area defined as the clear zone.
4.
No passenger terminals and no major above-ground transmission lines in APZ 1.
5.
Factors to be considered: Labor intensity, structural coverage, explosive characteristics, and air pollution. The proposed use shall be evaluated by the director of community development or his designee in conference with the base AICUZ officer for Sheppard Air Force Base or designated personnel.
6.
Low-intensity office uses only. Meeting places, auditoriums, etc. shall not be permitted. For the purpose of this provision, low-intensity is defined as an employment population not to exceed 25 people per acre per shift.
7.
Excludes chapels.
8.
Facilities must be low intensity. For the purpose of this provision, low-intensity is defined as an employment population not to exceed 25 people per acre per shift.
9.
Clubhouse not permitted.
10.
Areas for gatherings of people are not recommended. The director of community development shall be responsible for issuing the necessary permit based on his findings.
11.
a.
Residential use is discouraged in DNL 65-69dB, strongly discouraged in DNL 70-75dB as allowed in 11.b and prohibited in DNL above 75dB.
 
b.
Where residential uses are allowed, measures to achieve outdoor to indoor noise level reduction (NLR) to DNL 65dB shall be incorporated and considered in individual approvals. The building official shall be responsible for determining adequacy of attenuation measures.
 
c.
NLR criteria will not eliminate outdoor noise problems. However, building location and site planning and design, and use of berms and barriers, may help mitigate outdoor exposure, particularly from near ground level sources. Measures that reduce outdoor noise shall be used whenever practical in preference to measures which only protect interior spaces. Such measures shall be indicated on a site plan and evaluated prior to approval of the required permit.
12.
Measures to achieve the same NLR as required for facilities in DNL 65-69 dB range shall be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.
13.
Measures to achieve the same NLR as required for facilities in DNL 70-74 dB range shall be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.
14.
Measures to achieve the same NLR as required for facilities in DNL 75-79 dB range shall be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.
15.
If noise sensitive, use appropriate NLR. If not noise sensitive the use is compatible.
16.
No buildings.
17.
Land use is compatible provided special sound reinforcement systems are installed as approved by the building official.
18.
Residential buildings require the same NLR as required for facilities in DNL 65-69 dB range.
19.
Residential buildings require the same NLR as required for facilities in DNL 70-79 dB range.
20.
Residential buildings are not permitted.
21.
Land use is not allowed.
The director of community development or his designee may require building elevations, building plans, landscape plans and other details to allow for proper evaluation of the proposed use in order to ensure the protection of the publics health, safety and welfare.
EXHIBIT A
Uses are compatible if they do not result in a gathering of individuals in an area that would result in an average density of greater than 25 persons per acre per hour during a 24-hour period, not to exceed 50 persons per acre at any time.
The following is a reproduction of Appendix F, Volume H, of the 1992 AICUZ study for Sheppard Air Force Base, and is included here for ease of reference.
Average Density
Average densities of persons per hour during a 24-hour period are determined by calculating the number of persons per acre expected on a site, multiplying by the number of hour they will be on the site, and dividing the total by 24.t
Example #1. One 8-hour shift of 30 workers on a one acre site.
Avg. density = 30 persons expected × 8 hours on site = 240
Then 240/24=10: Thus avg. density = 10 persons per hour per 24-hour period.
Example #2. Two 8-hour shifts of 30 workers on a one acre site.
Avg. density = 30 persons expected × 16 hours on site = 480
Then 480/24=20: Thus avg. density = 20 persons per acre per hour per a 24-hour period.
Maximum Density
The maximum number of persons allowed per acre per hour is calculated by dividing the number of hours persons will be on site by 24 hours, and then dividing by 25 persons per acre per hour by the result. The resulting number is the maximum number of persons allowed per acre per hour, provided it does not exceed 50. Fifty persons per acre at any one time is the maximum number of persons allowed under the standard.
Example. Maximum density for two eight-hour shifts on a one acre site.
25 divided by 16/24 = 37.5 persons per hour allowed.
Application of this formula results in the following table which specifies the maximum persons per acre per hour for the duration of the time that persons are expected to be on site during a 24-hour period.
PERSONS PER ACRE
Hours of Operation Per Day
Maximum Persons Allowed Per Acre/During Each Hour
24
25
23
26
22
27
21
28
20
30
19
31
18
33
17
35
16
37
15
40
14
42
13
46
12 or less
50*
Note: Fractions in the maximum persons allowed column are rounded to the lowest whole number.
Note: Also note that concentrations of people may not exceed 50 people/acre at any time.
(Ordinance 18-2000, sec. 1, adopted 3/7/00; Ordinance 36-2000, sec. 1, adopted 4/4/00; Ordinance 32-2001, secs. 17, 18, adopted 4/3/01; Ordinance 8-2006, sec. 1, adopted 2/7/06)

§ 6510 Purpose.

The purpose of the accessory use regulations is to establish the relationship among principal and accessory uses and provisions governing their uses. Sections 6500 through 6599 shall be known as the accessory use regulations.
(Ordinance 24-2003, sec. 1, adopted 4/1/03)

§ 6515 Residential accessory uses.

Residential accessory uses shall include the following uses and structures and shall be allowed on the same lot or site containing a residential use:
A. 
Playhouse, patios, porches, gazebos, cabanas, greenhouses and incidental household storage buildings.
B. 
Home occupations as permitted under section 5100.
C. 
Radio and television receiving antennas, including satellite dish antennas.
D. 
Recreational facilities, including swimming pools and tennis courts for use by residents.
E. 
A single accessory dwelling unit when the principal use is single-family residential on a lot over 10,000 square feet or greater.
F. 
Garages, carports and parking for the principal use.
(Ordinance 24-2003, sec. 1, adopted 4/1/03)

§ 6516 Accessory Building Setbacks.

Front setback: 25 feet minimum, except for rear access subdivisions where reduced setbacks as per section 4210 shall apply.
Side setback interior: five feet minimum, except when the wall height exceeds eight feet or the total height exceeds 15 feet, the setback shall be equal to the total height.
Side setback, exterior: 15-foot minimum
Rear setback: From alley, one-foot minimum
From common property line as follows:
One foot minimum for buildings equal to or less than 150 square feet in area, eight feet in wall height, and 15 feet in total height.
Five feet minimum for buildings more than 150 square feet in area, except when the wall height exceeds eight feet or the total height exceeds 15 feet, the setback shall be equal to the total height.
Where there is proposed an accessory building that is of the same or similar style, uses materials that resembles and has the same detailing as the primary structure, the Commission may allow an exception to setback requirements under appendix A under terms of section 7200 herein.

§ 6520 Nonresidential accessory uses.

Nonresidential accessory uses shall include the following uses and structures and shall be allowed on the same lot or site containing a nonresidential use:
A. 
A single dwelling unit which may be an individual mobile home shall be allowed in the LI Light Industrial and HI Heavy Industrial District, when occupied by persons providing security to the principal establishment.
B. 
Parking for the principal use.
C. 
Enclosure for solid waste dumpsters.
D. 
Storage building operated as a part of the principal use and does not comprise a separate use or business activity.

§ 6610 Purpose.

The purpose of the temporary use regulations is to establish provisions for uses of a temporary nature which are not otherwise permitted in a district. Sections 6600 through 6699 shall be known as the temporary use regulations.

§ 6615 Permitted temporary uses.

The following types of temporary uses may be allowed subject to the following conditions:
A. 
Mobile trailer units for use as construction offices or residential uses for security purposes shall be permitted for the duration of the construction period.
B. 
New subdivision sales offices located within the subdivision may be established and operated for a period of two years from the date of the first construction permit issued in the subdivision.
C. 
Model homes located within the subdivision or residential development to which they pertain.
D. 
Christmas tree sales lots.
E. 
Outdoor entertainment associated with a nonresidential use under the following conditions:
1. 
Duration of the outdoor entertainment use shall be no longer than three consecutive days.
2. 
Not more than four times per year.
3. 
Hours of operation shall not exceed 12:00 midnight.
4. 
Outdoor lighting erected or established for the use shall not encroach onto adjacent residential properties.
5. 
No music or noise associated with the outdoor entertainment is permitted to be audible at a residential property line.
A site plan accurately locating the proposed temporary use shall be required. Refer to the Department of Community Development for a listing of details to be included on the site plan.
A permit shall be required for the temporary use, and a fee assessed for the insurance of the permit of $25.00.
The director of community development or his designee shall have the responsibility of ensuring that the terms and conditions established herein are enforced.
The director of community development or his designee shall refer any temporary use which he refuses to approve to the Commission.
(Ordinance 100-94, sec. 1, adopted 8/2/94)

§ 6710 Purpose.

Signs are recognized as important means of communication and reasonable modes of advertising, and therefore constitute a significant and specific use of land. Standards for the construction of signs are herein provided for the purpose of protecting places and areas of historical and cultural importance; to increase safety and lessen congestion in the streets; to conserve the value of buildings and land; to preserve residential values; and to encourage the most appropriate use of land. Sections 6700 through 6767 shall be known as the sign regulations.
(Ordinance 48-2004, sec. 1, adopted 6/15/04)

§ 6720 Definitions.

Apartment sign means a sign containing the name of and/or information about a multifamily dwelling or complex that consists of three or more dwelling units.
Directional sign
means a pole, ground sign, or wall ground sign, placed on a nonresidential property, that directs vehicular traffic. The sign may display arrows, words, or other symbols to indicate direction of facilities. No goods or services for sale may be listed. No sign may exceed 15 square feet or as elsewhere listed.
Flashing sign
means a sign or part thereof, operated so as to create flashing; change in light intensity, color or copy or intermittent light impulses more frequent than one every ten seconds and further provided that message centers as defined herein shall not constitute flashing signs. It is further provided that a sign which creates intermittent light impulses which convey time of day and/or temperature only shall not constitute a flashing sign.
General business sign
means an on-premises sign that directs attention to a business, product, activity or service that is conducted, sold, or offered on the premises where the sign is located.
Ground sign
means a sign which is supported by two or more columns, poles, uprights, or braces placed in or upon the ground, or set within a foundation, and is not a part of a building.
Institutional sign
means a sign placed on a premises of an institution containing the name of and/or information relating to such uses. Uses include nonprofit, quasi-public or public facilities, schools, religious assembly, hospitals, or government owned facilities.
Lighting,
as the term is used in Table 6741 hereof, means the illumination of a sign face by a light source interior or exterior to such sign face.
Marquee sign
means a projecting sign attached to or hung from a marquee and said marquee shall be known to mean a canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building, building line, or property line.
Message center
means a sign which provides public service information, any similar public interest information and/or related advertising for a general business located on the same premises through electronically controlled intermittent light impulses. The term “message center” shall consist of letters, words or numerals pictures or graphics, which can either change sequentially or travel across the display area. The term “message center” is deemed to be a sign subject to the requirements of Table 6741 hereof according to the particular use of said message center and the specific requirements for such uses determined by the classifications contained in said table.
Motion,
as the term is used in Table 6741 hereof, means the moving or rotating of a sign or portion thereof.
Multi-tenant sign
means an on-premises sign identifying individual businesses within a commercial building or buildings.
Noncommercial sign
means any sign no larger than 32 square feet in area containing a noncommercial message and placed on a nonresidential property. Such signs shall include, but not be limited to, the advertising of celebrations, exhibitions, community events, or activities of churches or other charitable, nonprofit, educational or philanthropic organizations.
Off-premises advertising sign
means a sign which directs attention to a business product, activity or service which is not conducted, sold, offered, or located on the premises where the sign is located.
Class I off-premises sign
is a sign whose face exceeds 100 square feet in area, and is classified as a billboard.
Class II off-premises sign
is a sign which has a sign face less than 15 square feet in area, is less than ten feet in height, and is used only to provide direction to a final location within five blocks. Such a sign is to carry no address, phone number or advertisement.
Class III off-premises sign
is a prohibited sign which has a sign face greater than 15 square feet, and is not classified as a billboard.
Pole sign
means a sign which is supported by one pole, column, upright or brace placed in or upon the ground and is not part of a building.
Political sign
means a sign intended to advance a political statement, cause or candidate for office.
Portable sign
means a sign constructed upon wheels, casters, skids or otherwise so designed to be movable from one location to another, including signs mounted upon a trailer, wheeled, carried, or other mobile structure; a portable sign which has its wheels removed shall be considered a portable sign hereunder. The term “portable sign” shall also include vehicles, trailers, and similar such medium placed on a property for the purpose of advertising a product, service or other activity not associated with the location of the vehicle, trailer, or similar such medium. The term “portable sign” shall not apply to kiosks, shelters, buses or other such devices approved by and under the control of the city for transit-related purposes; or to taxi cabs and privately operated buses; commercial vehicles used for sales, service, delivery or other such business activity currently taking place; or, to a temporarily parked vehicle used to advertise a special event for no longer than 72 hours, and not more than four times per year.
Premises,
for the purpose of this section, shall be defined as any lot or unplatted tract or any combination of contiguous lots under a single owner, or a tract where two or more owners have adjacent connecting parking lots.
Projection sign
means a sign which is attached or affixed to any building wall or structure other than a pole and extends or projects beyond the building wall, structure, building line or property line more than 12 inches.
Reader board
signs means a changeable copy sign with strips attached to the face of the sign to hold readily movable letters and numerals. The sign may be internally or externally illuminated (ground or pole sign only). The area of a reader board sign shall be included in calculating the maximum allowed sign area.
Residential sign
means any noncommercial sign placed on a residential property by the owner or occupant of said property. Such signs include, but are not limited to, special event signs, religious message signs, school sports signs and home security signs.
Roof sign
means a sign which is erected, constructed, or maintained on or over the roof or parapet wall of a building.
Sign structure
means any part of a sign, including the base, supporting columns or braces, display surface, or any other appendage thereto.
Street setback
means the distance from the property line or right-of-way line of all streets adjacent to the premises on which a sign is located.
Temporary commercial sign I
means any temporary on-premises sign of a commercial nature, no larger than 16 square feet in area, placed on a residential property by a person, business, or entity that is in the process of performing a service or construction, or engaging in an event at or sale of said premises. Such signs include, but are not limited to, garage sale signs, contractor signs, real estate signs and auction signs.
Temporary commercial sign II
means any temporary on-premises sign of a commercial nature, no larger than 32 square feet in area, placed on a nonresidential property by a person, business, or entity that is performing a service or construction, or engaging in an event at or sale of said premises. Such signs include, but are not limited to, special event or sale signs, contractor signs, real estate signs and auction signs.
Temporary commercial sign III
means any temporary on-premises sign of a commercial nature, no larger than 100 square feet in area, advertising vacant lots for sale within a residential or commercial subdivision, or advertising a pending residential subdivision or commercial development. Such signs shall include a contractor’s sign placed during the construction of a nonresidential project or a residential subdivision.
Temporary residential sign
means a residential sign larger than four square feet and no larger that 32 square feet.
Wall ground sign
means a wall, not a part of a building, so erected for the purpose of placement or display of a sign.
Wall sign
means a sign which is attached or affixed to the wall of a building or is an integral part of the wall of a building with the exposed face of the sign in a plan parallel to and not more than 12 inches from said wall; provided, however, that electric wall signs may project not more than 18 inches from said wall. A wall sign shall not extend above or beyond the parallel face to which the sign is attached.
(Ordinance 83-85, sec. 4, adopted 8/6/85; Ordinance 157-96, sec. 3, adopted 11/5/96; Ordinance 49-97, sec. 2, adopted 5/20/97; Ordinance 48-2004, sec. 1, adopted 6/15/04; Ordinance 66-2004, sec. 1, adopted 9/7/04; Ordinance 7-2008, sec. 1, adopted 2/5/08; Ordinance 59-2011, sec. 1, adopted 10/4/11)

§ 6740 Schedule of sign standards.

No sign shall be erected, placed, displayed, or located except in accordance with the schedule of sign standards contained in Table 6741 hereof. However, signs required by law shall be exempt from these requirements.
TABLE 6741
Sign Type
Zone Allowed
Max. AreaA
(Sq. Ft.)
Max. Ht.
(Ft.)
Class
(See note 3)
Street Setback
(Ft.)
Spacing
Lighting
Motion
Max. Duration
Special Requirement
Apartment
MFR, RMU, LC, GC, CBD
80
20
W, WG
Note 1
1 per street front or proj.
Yes
Yes
Perm.
Note 1
Apartment
MFR, RMU, GC, CBD
120
50
G, P, WG, W
10
1 per street front or proj.
Yes
Yes
Perm.
N/A
Class I Off-Premises
GC, LI, HI, CBD
Note 2
Note 2
G, P
Note 2
Note 2
Yes
Note 8
Perm.
Note 2
Class II Off-Premises
GC, LI, HI, CBD
15
10
P
10
200' from SF-1, SF-2, or MFR
No
No
Perm.
Note 2
Directional
All districts
15
6
G, P, WG
Note 1
None
No
No
Perm.
Note 1
Gen. Bus.
GC, LI, HI, LC, RMU, CBD, RDD
Note 5
Note 5
Note 5
Note 5
Note 5
Yes
Yes
Perm.
Note 1 & 4
Institutional
MFR, SF-1, SF-2, LC
32
20
G, W, P, PR, RB, GW
Note 1
2 per street front
Yes
No
Perm.
Note 1 & 10
Message Center
GC, LI, HI, CBD, RDD
Note 7
50
G, P
Note 7
200' from SF-1, SF-2, or MFR
Yes
Yes
Perm.
Note 7
Multi-Tenant
GC, LI, HI, CBD
120
50
G, P, WG, W
10
1 per platted lot per each street front
Yes
Yes
Perm.
Note 4
Multi-Tenant
GC, LI, HI, CBD, LC
80
20
G, P, WG, W
Note 1 & 4
1 per platted lot per each street front
Yes
Yes
Perm.
Note 1 & 4
Name Plate
All districts
1
None
W, PR
None
1 per business
No
No
Perm.
N/A
Political
All districts
36
8
G, P, WG, W
10' if taller than 3'
None
No
No
N/A
Note 9
Subdivision Entry
MFR, SF-1, SF-2
200
20
WG, P, G
10
2 per entry way
No
No
Perm.
N/A
Noncommercial sign
All districts
32
4
G, P, W
10
1 per lot
No
No
N/A
Note 9
Temporary Commercial Sign I
All districts
16
6
G, P, W
Note 1
None
No
No
10 days after end of work or event
Note 1
Temporary Commercial Sign II
All districts
32
6
G, P, W
Note 1
1 per street front
No
No
10 days after end of work or event
Note 1
Temporary Commercial Sign III
All districts
100
50
G, P
10
1 per street frontage
Yes
Yes
10 days after end of work or event
N/A
Temporary Residential Sign
All districts
32
6
G, P, W
10
1 per lot
No
No
5 days per year
Note 6
Residential
All districts
4
4
G, P, W
None
Note 6
No
No
N/A
Note 1 & 6
1. 
Note 1. On-premises signs fronting a public street and located within ten feet of the property line shall have a clearance from the surrounding grade to the bottom of the sign face of not less than nine feet, except that low profile signs may be created within such area if the top of the sign does not exceed three feet above the surrounding grade. Poles, columns, or other supports for such signs shall not exceed 12 inches in dimension measured perpendicular to the street, and no portion of the sign shall overhang the property line.
Exception: This requirement shall not apply to directional, residential or a temporary commercial sign I if such sign placement does not create a view obstruction to motorists or pedestrians.
2. 
Note 2.
A. 
Separation between signs.
A minimum separation must be maintained between signs as follows:
1. 
For Class I signs, the linear distance between signs shall be 1,500 feet. The linear distance shall be that distance measured between the same class of sign where the signs are located on the same side of the road, street or highway.
2. 
The radial distance between signs shall be 500 feet. The radial distance shall be that distance between signs where the nearest portion of the sign is measured to the nearest portion of an adjacent sign.
B. 
Separation from a residential use or residential zoning district. 200 feet from the nearest residential use, or residential zoning district.
A residential zoning district shall be a zoning district which allows the placement of a residential use as a permitted use. The general commercial zoning district, for the purpose of this regulation, shall not be included as a residential zoning district. However, a residential use within that zoning district shall be included in the distance requirement. Separation from existing residential uses shall not apply when such uses are located within a zoning district that prohibits residential uses.
For spacing from SF-1 Single-Family Residential (large lot), SF-2 Single-Family Residential (standard lot), and MFR-Multifamily Residential Districts, spacing shall be measured from the nearest portion of the sign to the residential district boundary. However, when such residential district boundary abuts a public alley or street right-of-way, the right-of-way width shall be included in the measurement.
C. 
Setback from right-of-way.
25 feet for Class I signs. Ten feet for Class II signs.
25 feet for all other signs under this Note.
D. 
Height.
1. 
42.5 feet for Class I signs.
24 feet above roof for roof-mounted Class I signs.
For Class I signs, height is measured from grade of roadway where sign is viewed. Where there exist more than one grade for the same street, road or system, the measurement shall be made from the highest grade.
2. 
Ten feet for Class II signs.
For Class II signs, the height shall not exceed ten feet when measured from installation grade.
E. 
Measurement of height.
1. 
Ground or pole sign within 100 feet of a street abutting the property on which the sign is located. From the top of the curb of the nearest street adjacent thereto, or if there is no curb, from a point six inches above the edge of the road surface, to the top of the sign structure.
2. 
Ground or pole sign more than 100 feet from an adjacent street. From the ground at the sign base to the top of the sign structure.
3. 
Roof sign. From the roof level at the base to the top of the sign structure.
F. 
Sign area.
672 square feet; or
807 square feet with protrusions.
3. 
Note 3. Classification standards.
G–Ground.
P–Pole.
W–Wall.
PR–Projecting.
RB–Reader Board.
WG–Wall Ground.
R–Roof.
4. 
Note 4. Maximum area is the total area of all businesses, tenants or services advertised on one sign structure; however, the total area of multi-faced signs shall be governed by section 6750 B.
5. 
Note 5. In the LC Limited Commercial District, general business signs shall not exceed 80 square feet in face area nor exceed 20 feet in height. Signs shall be limited to one per business or street frontage when located within 25 feet of the property line.
In the RMU Residential Mixed Use, GC General Commercial, LI Light Industrial, HI Heavy Industrial, and CBD Central Business districts, general business signs shall be limited by the following: If located within ten feet of the property line or the back of the curb, whichever is greater, the sign face area shall not exceed 80 square feet nor exceed 30 feet in height. If located at least ten feet from the property line or the back of the curb, whichever is greater, but less than 25 feet from the property line, the sign face area shall not exceed 120 square feet nor exceed 50 feet in height. If located 25 feet or more from the property line, the sign face area shall not exceed 900 square feet nor exceed 80 feet in height. Signs shall be limited to one per business or street frontage when located within 25 feet of the property line.
See specific zoning district regulations in section 3000 for additional sign regulations for LO Limited Office, LC Limited Commercial, RDD River Development, and BA Brook Avenue zoning districts.
Signs proposed within the CBD Central Business district not in conformance with the provisions of Note 5 herein, and placed on a wall of a building covering more than ten percent of the face of said wall, shall be reviewed through the conditional use procedure as outlined in section 7200.
6. 
Note 6. Residential signs, as defined herein, placed upon a residential lot, shall not have a cumulative area greater than 12 square feet. Each individual residential sign shall be no larger than four square feet. Temporary residential signs as defined herein shall not be placed on a residential lot longer than five days per year.
7. 
Note 7. Separation of message center signs from a residential use or residential zoning boundary. Message center signs as defined herein shall maintain a separation distance of 200 feet from the nearest property line of a residential use, or a SF-1 Single-Family Residential (large lot), SF-2 Single-Family Residential (standard lot), or MFR Multifamily Residential Zoning District boundary. For spacing from SF-1 Single-Family Residential (large lot), SF-2 Single-Family Residential (standard lot), and MFR Multifamily Residential Districts, the distance shall be measured from the nearest portion of the sign to the residential district boundary. However, when such residential district boundary abuts a public alley or street right-of-way, the right-of-way width shall be included in the measurement. An exception to the 200-foot separation requirement shall apply if:
A. 
Any image produced by the message center sign remains static (no animation, movement, scrolling, or flashing) for a period of at least five seconds; or
B. 
It can be reasonably demonstrated that the sign is not visible from any residential property within 200 feet of the sign.
Street setback requirement and height restriction for message center signs. Message center signs shall be no closer than ten feet from the property line. If located more than ten feet from the property line but less than 25 feet from the property line, the sign face area shall not exceed 120 square feet. If located 25 feet or more from the property line, the sign face area shall not exceed 200 square feet. Message center signs shall not exceed 50 feet in height. Message center signs shall be limited to one per business or street frontage.
8. 
Note 8. Class I off-premises signs shall have no motion as defined herein. The changing of the sign content through electronically controlled digital technology is permitted provided that:
A. 
Any image produced by the sign remains static (no animation, movement, scrolling, or flashing) for a period of at least eight seconds;
B. 
A change of message is accomplished within two seconds;
C. 
A change of message occurs simultaneously on the entire sign;
D. 
A default mechanism is provided that freezes the sign in one position if a malfunction occurs; and
E. 
The intensity of the display is automatically adjusted to decrease in low natural or ambient light conditions.
9. 
Note 9. A property owner may choose to display a political or other noncommercial message on any authorized commercial sign, subject to the payment of fees and regulations applicable to signs with commercial messages.
10. 
Note 10. One of the two allowed institutional signs per street frontage may display information related to the institution through electronically controlled intermittent light impulses provided that a 200-foot separation distance from a residential use is maintained. An exception to the 200-foot separation requirement shall apply if:
A. 
Any image produced by the institutional sign remains static (no animation, movement, scrolling, or flashing) for a period of at least five seconds; or
B. 
It can be reasonably demonstrated that the sign is not visible from any residential property within 200 feet of the sign.
(Ordinance 83-85, secs. 5–8, adopted 8/6/85; Ordinance 28-86, secs. 16, 17, adopted 4/1/86; Ordinance 64-88, sec. 5, adopted 5/31/88; Ordinance 157-96, secs. 1, 2, adopted 11/5/96; Ordinance 48-2004, sec. 1, adopted 6/15/04; Ordinance 7-2008, secs. 3, 4, adopted 2/5/08; Ordinance 76-2008, sec. 1, adopted 12/2/08; Ordinance 59-2011, secs. 2, 3, adopted 10/4/11; Ordinance 39-2012, secs. 1, 2, adopted 8/7/12)

§ 6745 General provisions.

Permit required. Unless specifically exempted, a permit must be obtained from the Building and Code Administration official for the erection and maintenance of all signs erected or maintained within the city and in accordance with other ordinances of this jurisdiction.
Exceptions to permit requirement. The following signs are exempt from the requirement for a permit:
i. 
Directional signs;
ii. 
Noncommercial signs;
iii. 
Political signs;
iv. 
Residential signs;
v. 
Temporary residential signs;
vi. 
Temporary commercial signs I and II;
vii. 
Temporary commercial signs III when 64 square feet or less in area;
viii. 
Wall signs that do not project beyond the face of the wall more than 12 inches;
ix. 
Temporary signs providing legal notice required by law of local, state, or federal government; and
x. 
Seasonal displays and decorations which do not advertise a product or service.
Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from responsibility for its erection and maintenance in a safe manner and in a manner in accordance with all the other provisions of this appendix.
Construction documents. Before any permit is granted for the erection of a sign or sign structure requiring such permit, construction documents shall be filed with the Building and Code Administration official showing the dimensions, materials and required details of construction, including loads, stresses, anchorage and any other pertinent data. The permit application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected and by engineering calculations signed and sealed by a Texas-registered professional engineer where required by the International Building Code.
Changes to signs. Except that which may be allowed by section 6760, no sign shall be structurally altered, enlarged or relocated except in conformity to the provisions herein, nor until a proper permit, if required, has been secured. The changing or maintenance of movable parts or components of an approved sign that is designed for such changes, or the changing of business names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign, shall not be deemed a structural alteration.
Permit fees. Permit fees to erect, alter or relocate a sign shall be in accordance with the fee schedule adopted within this jurisdiction.
Sign maintenance. All signs allowed within the provisions of this ordinance, including temporary signs, shall be kept in good condition and repair. Signs damaged or deteriorated shall be repaired or removed within ten days of notification by the Building and Code Administration. Failure to comply with the notification shall constitute a violation.
(Ordinance 157-96, sec. 3, adopted 11/5/96; Ordinance 49-97, sec. 2, adopted 5/20/97; Ordinance 48-2004, sec. 1, adopted 6/15/04; Ordinance 25-2009, sec. 1, adopted 4/7/09; Ordinance 59-2011, sec. 4, adopted 10/4/11)

§ 6747 Prohibited sign elements and locations.

A. 
No sign using a revolving beam or beacon of light resembling any emergency vehicle or traffic control sign shall be permitted. No flashing sign as defined herein shall be permitted.
B. 
No high intensity light shall be permitted as part of a sign display visible from an adjacent street in any zoning district. Lighted signs, internally or externally, shall not cause glare or brightness to a degree that could constitute a hazard or nuisance, nor cause discomfort to approaching motorist, nor in anyway obscure the visibility of illuminated traffic control devices due to their brightness.
C. 
Notwithstanding any provisions of this section, no sign shall be erected which constitutes an obstruction to view of operators of motor vehicles on public streets or entering such streets from private property. All signs shall comply with section 102-40, Visibility Sight Triangle, Wichita Falls Code of Ordinances.
(Ordinance 48-2004, sec. 1, adopted 6/15/04; Ordinance 7-2008, sec. 2, adopted 2/5/08)

§ 6750 Rules of construction.

A. 
The area of a sign shall be computed by drawing a line or lines around the sign in such a way as to form not more than four regular geometric figures such as a rectangle, circle, triangle, trapezoid, or ellipse. The total of these figures shall be the total area of the sign. Support structures and/or support structure covers shall be included in the overall calculation of the sign area if the support structures or covers at any point measured parallel to the ground, has a width or cumulative width of 24 inches or more. Measurements of the support structures or covers shall be taken within the same plane as the face of the sign.
B. 
The maximum sign area prescribed in Table 6741 shall be applied to a sign with one face. A sign constructed with more than one face shall contain in the aggregate of all faces not more than twice the maximum area prescribed in Table 6741. The maximum interior angle between sign faces shall be 90 degrees.
C. 
The height of a sign shall be measured as follows:
1. 
Ground or pole sign within 100 feet of a street abutting the property on which the sign is located. From the top of the curb of the nearest street adjacent thereto, or if there is no curb, from a point six inches above the edge of the road surface, to the top of the sign structure.
2. 
Ground or pole sign more than 100 feet from an adjacent street. From the ground at the sign base to the top of the sign structure.
3. 
Roof sign. From the roof level at the base to the top of the sign structure.
D. 
An allowed portable sign shall be a reader board installed upon a trailer or skid which has a sign area of not greater than 35 square feet per side, does not exceed 6.5 feet in total height, does not contain more than two sides for advertising, and which was designed to be towed behind a vehicle. A skid-mounted portable sign is also permitted if conforming to square footage and other requirements herein. A vehicle used for the purpose of off-premises advertising shall also constitute an allowed portable sign if in conformance with height requirements herein, and subject to other applicable provisions herein.
(Ordinance 49-97, sec. 3, adopted 5/20/97; Ordinance 48-2004, sec. 1, adopted 6/15/04; Ordinance 25-2009, sec. 2, adopted 4/7/09)

§ 6755 Prohibited signs and disposition.

The following signs are prohibited in the city.
1. 
Class III off-premises signs.
2. 
Signs not in conformance with standards contained herein.
(Ordinance 157-96, sec. 5, adopted 11/5/96; Ordinance 48-2004, sec. 1, adopted 6/15/04)

§ 6760 Nonconforming signs.

A. 
Class I off-premises signs.
1. 
Billboard signs nonconforming with the standards herein addressing location and spacing shall be allowed to continue in operation and use as long as no part of a supporting structure or sign face structure is replaced for any reason. Should a supporting structure or sign face structure be required to be replaced for any reason, such sign shall be removed in its entirety. An action or event requiring the removal of a sign shall not include routine repairs nor changing sign content or advertiser.
2. 
Billboard sign face structures not in conformance with square footage standards may continue until such time that the sign face structure is in need of replacement for any reason. Once a sign face structure is removed or replaced, it shall be placed in compliance with standards herein, and shall not thereafter be returned to a nonconforming status.
3. 
If the sign is in nonconformance with height standards herein provided, the replacement or removal of any portion of a sign face structure or support shall be deemed sufficient to require the sign to come into conformance with standards herein.
B. 
On-premises signs.
On-premises signs legally existing at the time of the adoption of the zoning ordinance from which this appendix is derived, or subsequent amendments, which are nonconforming with the standards herein, shall be allowed to continue in operation and use. On-premises signs that are nonconforming in terms of height, area, or setback, may be structurally altered provided that the original support structures are used and there is no increase in height or area, or decrease in setback. Once a support structure is removed or replaced it shall be placed in compliance with the standards herein and shall not thereafter be returned to a nonconforming status.
(Ordinance 157-96, sec. 4, adopted 11/5/96; Ordinance 48-2004, sec. 1, adopted 6/15/04; Ordinance 25-2009, sec. 3, adopted 4/7/09)

§ 6765 Portable sign requirements.

A. 
A trailer or skid used in conjunction with an allowed reader board shall be maintained in a condition which does not permit the accumulation of rust or stains, and is not missing paint on heretofore painted surfaces.
B. 
Blank reader boards with discolored or broken faces, or those which do not carry advertisement of a business where the sign is located or illegible advertisement, shall be removed from the premises.
C. 
Vehicles allowed as portable signs shall carry current inspection and licensing, and shall not have flat tires, damaged glass, damaged body parts, shall be otherwise complete in their assembly, and shall be maintained in a condition which does not permit the accumulation of rust or stains, and is not missing paint on heretofore painted surfaces.
D. 
The areas under and around an allowed portable sign shall have a permit issued by the building and code administrator.
E. 
Allowed portable signs shall have a permit issued by the building and code administrator.
F. 
Setback of portable signs shall be subject to requirements shown under Table 6741.
G. 
No exterior lighting of any type shall be permitted, nor shall power be supplied by a gasoline- or diesel-powered generator.
H. 
No banners, flags, pennants, arrows, balloons or other such devices or objects shall be attached to any portion of the sign, trailer, skid or vehicle.
I. 
An allowed portable sign shall be anchored or otherwise secured so as to reasonably prevent damage or injury to life or property as a result of high winds or other such occurrence, and secured as required by the building official.
J. 
No more than one portable sign shall be placed on a lot, tract or parcel.
K. 
Portable signs shall otherwise be subject to provisions contained in the Building Code.
L. 
Portable signs shall be included in calculating the total number of signs per business.
Editor’s note – Section 4 of Ord. No. 49-97, adopted May 6, 1997, amended appendix C by adding provisions designated as sec. 6755. In order to avoid conflicts in section numbering the editor has redesignated these provisions as sec. 6765. Section 5 of Ord. No. 49-97 provided penalty provisions for the violation of portable sign regulations as follows: There is hereby established a fee and procedure for confiscation and impoundment of signs, vehicles, trailers, or other items confiscated and impounded of $50.00 for the cost of confiscating the sign, and $1.00 per day for impoundment in addition to costs incurred to remove and impound or otherwise confiscate a sign, vehicle, trailer or other item. Signs, vehicles, trailers or other items impounded shall be retained and reasonable efforts made to notify the owners of such confiscation and impoundment. A sign, vehicle, trailer or other item shall be retained for a period of 90 days, at which time the sign, vehicle, trailer or other item shall be disposed of at a public auction, sold for scrap, or otherwise disposed of to recover public cost involved and at the discretion of the city.
(Ordinance 49-97, sec. 4, adopted 5/20/97; Ordinance 48-2004, sec. 1, adopted 6/15/04)

§ 6766 Signs on public right-of-way.

No signs of any kind shall be erected or placed on the right-of-way of any street or alley in the city, nor any public place or city owned property, except for temporary signs, flags or banners authorized under section 6767, traffic-control signs, signals and devices placed by the city under authority of the ordinances of the city, and advisory, safety and useful directional information signs placed by the city under authority of state law. Notwithstanding any other provision of this [ordinance], any sign so erected or placed on the right-of-way of any street or alley in the city in violation of this section shall be subject to immediate removal by the city manager’s designee without notice to the owner or the lessee thereof. No signs of any kind shall be attached to any utility pole located in any street or alley right-of-way or utility easement except by the owner of such pole.
(1966 Code, sec. 7-15; Ordinance 48-2004, sec. 1, adopted 6/15/04)

§ 6767 Temporary signs across street.

Notwithstanding the other provisions of this [ordinance], upon a written request to the city manager or designee, a temporary sign, flag or banner may be permitted within city-controlled rights-of-way. Time, place, duration and manner of placement of signs, flags or banners shall be left to the discretion of the city manager or designee. A permit shall be required through the Building and Code Administration. A sign suspended across the street shall be not less than 20 feet above the street at the lowest point. Such signs, flags or banners may be used only for the purposes of advertising celebrations, exhibitions, rodeos, fairs or activities of churches or other charitable, nonprofit, educational or philanthropic organizations.
(1966 Code, sec. 7-15; Ordinance 48-2004, sec. 1, adopted 6/15/04)

§ 6805 Purpose.

The purpose of the landscaping regulation is to improve the quality of life for those living, working and visiting the city by enhancing the appearance of properties as viewed from rights-of-way, and to assist in attaining increased air quality as it relates to oxygenation and filtration of dust and other air-borne pollutants.
(Ordinance 54-97, sec. 1(att. A), adopted 6/3/97)

§ 6810 Minimum landscape requirements.

A. 
General landscaping requirements.
1. 
A suggested plant list is herein included for reference as to trees and other vegetation found compatible with local soil and climatic conditions. References made herein to a “canopy tree” shall refer to a tree which has a mature height exceeding 30 feet. References to an “understory tree” shall refer to a tree which has a mature height less than 30 feet.
2. 
Landscaping regulations shall apply to all uses other than single-family, duplex, and zero lot line residential uses.
3. 
Requirements herein shall apply to each separately platted lot, or each portion of a lot where applicable and determined appropriate by the city, or for the entire unplatted tract or parcel of land.
4. 
Where any property on one lot is to be developed in phases, so that only a portion of the site is to be used (such as parking lots for the current phase), there shall be consideration to define or limit the required landscaping to the area being currently developed or used.
5. 
Plant materials planted in pots shall not be counted or credited toward meeting landscape requirements herein. All plant materials shall be live and planted in the ground.
6. 
Canopy trees shall have a minimum caliper size of two inches in diameter when measured one foot above ground level. Understory trees shall have a minimum caliper size of 1½ inches when measured one foot above ground level.
7. 
Where understory trees are permitted, and where the trees are multi-trunked, the minimum diameter of any single trunk shall be three-quarters of one inch as measured one foot from the crown.
8. 
For canopy trees, where multiple-trunked trees are proposed, and where the branches of a tree fork at or within one foot of the joint of a tree, no branch describing the fork shall be less than one inch in diameter when measured six inches after the fork.
9. 
Where shrubs are required herein, the minimum shrub size shall be five-gallon as defined by the American Nursery Association.
10. 
For every two landscaped islands, medians or peninsulas required herein, at least one island, or 50 percent of all islands, medians or peninsulas, shall be planted with a canopy tree and required shrubs. If only one island, median or peninsula is required, it shall contain a canopy tree and required shrubs.
11. 
A landscaped strip shall be provided along all portions of a property adjacent to a public right-of-way. Such strip shall be adjacent to the sidewalk or right-of-way, and shall not include a sidewalk or right-of-way. The minimum width of the landscaped strip shall be five feet. An adjustment in the configuration of the strip may be considered when such alternate proposal is equivalent to the square footage area provided by the strip. Such alternate consideration shall be more or less evenly distributed to the greatest extent possible along the area which would normally be occupied by the strip.
12. 
The required perimeter landscaping along public or private streets shall contain the following minimum plant materials:
One canopy tree per 40 linear feet of street frontage;
50 percent of the required trees as canopy trees and the remaining 50 percent as understory trees; or
50 percent of the required trees as canopy trees, 25 percent as understory trees, and the remaining 25 percent shrubs at a rate of five shrubs for every one understory tree substituted.
If only one tree is required, that tree shall be a canopy tree.
13. 
All landscaped areas shall be protected with a concrete curb with a minimum height of six inches or of such a barrier using recognized methods and materials that will accomplish the intended purpose as approved by the Department of Community Development. No materials shall be considered which are subject to rot or decay, or will not afford sufficient long-term protection to protect from vehicular intrusion.
14. 
All landscaping elements required by this provision shall be constructed, installed and maintained so as not to obstruct the view of motorists and pedestrians between the street and access drives, parking aisles and entries and exits.
15. 
The required landscaped areas for parking lots shall be more or less evenly distributed throughout a parking lot. Adjustments may be considered when the shape or size of the parking lot, the location of existing trees, or other constraints reasonably prevent such distribution.
16. 
For those areas of a property to be used exclusively for docking and maneuvering areas, the landscaping area requirements for parking lots shall be determined by including the total area within the parking spaces, parking aisles, and travel lanes of the parking lot which are designed for the exclusive use of customers or employees. Maneuvering and docking areas are excluded.
Maneuvering and docking areas facing a street shall be required to provide a landscaped area between the maneuvering and docking area and the street, using a combination of trees, shrubs, berms and other such landscape elements with the intent of providing a future screen of the view of such maneuvering and docking area to the greatest extent possible.
17. 
No lighting system, divider, fence, decorative column, fixture, equipment or similar material shall be placed within any parkway or public easement abutting a public street under the control of the city without approval by the city.
18. 
Xeriscape and drought-tolerant plants may be considered as a substitution to plant materials required herein provided that an irrigation system is installed to provide full coverage of all landscaping areas.
19. 
Any parking lot or portion thereof which is to contain more than 20 parking spaces shall provide permanently landscaped areas consisting of islands, peninsulas, or medians within the parking area. At a minimum, a landscaped island, median or peninsula not less than 160 square feet shall be provided as follows:
One per 20 parking spaces for sites having less than 100 parking spaces.
One per ten parking spaces for sites having 100 or more parking spaces.
For sites with less than 20 parking spaces, no additional island, median or peninsula is required.
Each island, median or peninsula required herein shall, at minimum, contain the following:
One canopy tree;
Fifty percent of the required trees as canopy trees and the remaining 50 percent as understory trees; or
Fifty percent of the required trees as canopy trees, 25 percent as understory trees, and the remaining 25 percent five gallon shrubs at a rate of five shrubs for every one understory tree substituted.
20. 
For land uses where the total of all parking areas exceed 100 spaces, landscaping shall be installed along stacking aisles or circulation drives to identify and provide circulation control. Landscaping shall be used to identify ingress and egress points for traffic control and safety. Such landscaping shall be a combination of understory trees and shrubs.
21. 
A change in zoning, land use or a conditional use permit may require landscaping equivalent to provisions contained herein.
22. 
Reoccupying a structure exceeding 20,000 square feet which has been vacant for one year or when the structure is less than 20,000 square feet and has been vacant for two years, from the date of original vacancy, landscaping shall be required equivalent to provisions contained herein.
23. 
Parkways or public rights-of-way may be landscaped and maintained with a combination of grass, ground cover, shrubs and trees if:
a. 
They are not located so as to interfere with the use, maintenance, or repair of any natural or manmade drainage facility, public water or sewer lines, or other public utility or facility;
b. 
They are not located within five feet of an electrical utility pole and will not reach a mature height which will pass within eight feet of an electrical transmission or distribution line;
c. 
They are not located so as to create a view obstruction to vehicular or pedestrian traffic; and
An approval to landscape a parkway is with the understanding that any utility work performed which disturbs or displaces installed vegetation or irrigation lines shall be the responsibility of the affected business or property owners to re-install or otherwise maintain the intent of section 6800.
B. 
Landscaping requirements for remodeling.
For the purpose of this provision, a remodel shall include any change to the building interior or exterior or changes to a building site excluding routine maintenance and repair.
1. 
If a remodeling project has a total dollar value of less than 25 percent of the tax appraised value of the building, over a three-consecutive year period, no additional landscaping is required.
2. 
If renovation of a building over a three-consecutive year period causes the minimum cost to be 25 percent to 40 percent of the tax appraised value of the building, the minimum required landscaping area will be equivalent to the percentage.
3. 
Renovation of a building where the cost is at or exceeds 40 percent of the tax appraised value of the building, landscaping shall be required according to the standards under section 6810A.
4. 
For the remodeling of a building in the central business district, a plan shall be presented which strives to provide landscaping recognizing spatial constraints.
C. 
Landscape requirements for site improvements.
1. 
If an increase in parking area is proposed which is at least a 20 percent increase to the total parking area, existing parking lots shall be required to provide internal landscaping equivalent to or greater than 50 percent of required parking lot landscaping required under section 6810A.
2. 
Additional buildings placed on developed sites shall provide landscaping for any new parking provided, along with street frontage landscaping. Such parking and street frontage landscaping shall meet standards under 6810A.
3. 
Where additional ingress/egress points are proposed from a public street considering, and in relationship with other site improvements, landscaping shall define these ingress/egress points through the use of trees and shrubs.
D. 
Site constraints.
Where it has been determined that site constraints exist which may limit the ability of a particular site to conform to requirements herein, the director of community development or [his] designee shall evaluate the ability of a proposal to come into conformance with requirements herein by considering constraints to that ability for any one use. If the proposal will not entirely fulfill the requirements herein, the director or designee may instruct that a proposal be presented which strives to maintain the intent of this section to the best of its ability. Such alternate proposal shall be approved by the director or designee. An appeal of the director’s decision may be made to the Commission.
(Ordinance 54-97, sec. 1(att. A), adopted 6/3/97; Ordinance 61-2002, sec. 1, adopted 8/6/02; Ordinance 51-2018, sec. 4, adopted 10/2/18)

§ 6815 Irrigation required.

A. 
All landscaped areas shall be provided with a buried irrigation system sufficient to provide complete coverage of landscaped areas. Such a system shall be shown on the required landscape plan.
B. 
Hose bibbs may be used for irrigation purposes only if it is determined that installing an irrigation sprinkler system is not technically feasible. Cutting or removal of pavement or boring for irrigation lines beneath paving shall not in themselves be considered technical obstacles.
(Ordinance 54-97, sec. 1(att. A), adopted 6/3/97)

§ 6820 Preservation of existing trees.

The number of trees required shall be met, whenever possible, by the preservation of existing trees. Where parking lots are to be constructed to serve any development, the development shall be designed where possible so as to avoid locating parking or paving if such would result in the removal of any existing trees.
The landscape plan required by this regulation which shows removal of an existing tree shall consider the following:
A. 
The removal would leave sufficient number of other existing trees to meet the tree requirements of this regulation; or
B. 
Where the existing tree to be removed would otherwise be necessary to meet the number required, and removal is requested for the purpose of constructing any sewer, water, electric, gas lines or equipment, drainage facilities, sidewalks, driveways, parking lots, or other facilities, utilities or improvements to serve the property.
Such plan shall be considered if reasonable efforts have been made to avoid removal of the existing tree. In determining whether reasonable efforts have been made, the following shall be considered:
1. 
The feasibility of rerouting or relocating any of the improvements that requires the removal, including the relocation of any parking lot, or portion thereof, where sufficient land is available; and
2. 
The additional cost, if any, that would be incurred in insuring preservation of the existing tree.
C. 
Existing trees in the street right-of-way shall not be cleared, unless no other reasonable alternative is possible.
(Ordinance 54-97, sec. 1(att. A), adopted 6/3/97)

§ 6825 Common or phased development.

When any property is developed in phases, or is a common or unified development including more than one platted lot, the requirements of this regulation may apply to each phase of the development, or to all the lots being developed in common as though they were one lot, or otherwise apply the requirements as is reasonably necessary to carry out the purpose and intent of this regulation.
(Ordinance 54-97, sec. 1(att. A), adopted 6/3/97)

§ 6830 Credits.

A. 
An existing canopy tree which is preserved as shown on the approved landscape plan shall count as two trees toward the number of required canopy trees, if it is healthy and without substantial damage or defect. The caliper of the tree shall exceed three times the caliper herein required to be considered for credit.
B. 
For each approved landscaped peninsulas, islands or medians installed within parking lots, a credit shall apply to the required parking at a rate of 1½ parking spaces. Such credit shall apply if each of the approved landscaped peninsulas, islands or medians are reasonably of the same area as a required parking space. A credit may be repeated for each approved landscaped peninsula, median or island. However, available parking to serve the proposed use shall not be reduced to a level below 90 percent of the required spaces, nor shall a reduction occur in the required number of handicapped parking facilities.
(Ordinance 54-97, sec. 1(att. A), adopted 6/3/97)

§ 6835 Landscape plan required.

The owner, developer or agent of any property to which this regulation applies shall submit and have approved a landscape plan prior to the issuance of a building permit. The plan shall contain sufficient detail to show the following:
A. 
The footprint of all existing and proposed structures.
B. 
Remaining and/or proposed site elements such as power poles, fences, walls, drainage swales, easements, sidewalks, parking lot layout, pedestrian walkways, and other such elements.
C. 
How the landscaping requirements are to be met, including the name, size, number, and location of all landscape elements.
D. 
Name, location and size of existing trees, and type and location of other vegetation proposed to remain or for removal.
E. 
When the internal landscaping requirements for parking lots apply, the size and location of the parking lot and the number of spaces, and how the owner proposes to address the interior landscaping requirement.
F. 
Location and size of irrigation lines.
G. 
Location of any buried pipeline or utility.
H. 
Location of any dedicated or proposed to be dedicated easement.
I. 
Such other information as may be reasonably necessary to administer and enforce the provisions of this regulation.
J. 
Drawn at a scale of one inch to 100 feet or greater.
(Ordinance 54-97, sec. 1(att. A), adopted 6/3/97)

§ 6840 Maintenance requirements.

A. 
After complying with the requirements of this regulation, the owners and each successive owners of the property shall maintain the required landscaping vegetation, landscaped areas and irrigation systems in good and operating condition, and shall otherwise maintain the property so as to comply with any other requirement of this regulation.
B. 
Any dead, dying or damaged landscaping material shall be immediately replaced in conformance herein or, if due to inclement weather or out of season planting, specified in writing when such replacement shall occur, not to exceed 90 days.
C. 
Where any owner of property to which this regulation applies fails to reasonably maintain the required trees and other landscaping or maintain the property so as to comply with any requirement of this regulation, the city may issue a written notice and order the owner to replace any dead or dying trees, landscape plant materials and irrigation system that were required by the landscape plan or this regulation, or require any other action otherwise necessary to abate or correct any condition to meet the requirements of this regulation.
(Ordinance 54-97, sec. 1(att. A), adopted 6/3/97)

§ 6845 Certificate of occupancy or final inspection.

A. 
No certificate of occupancy shall be issued or final inspection made unless complying with terms and conditions required herein.
B. 
A certificate of occupancy may be issued or a final inspection made without the required landscaping in place provided that assurances are given in writing as to the date when landscaping will be installed, if a landscape plan has received prior approval and the required landscape areas are prepared for planting. All landscaping conforming to the approved landscape plan shall be installed no later than 90 days after the issuance of the certificate of occupancy or final inspection. An irrigation system shall be installed and operational prior to issuance of a certificate of occupancy or final inspection.
C. 
Prior to issuance of a certificate of occupancy or final inspection, the building official shall inspect the operation of the irrigation system, ensure that the required landscaping is installed as shown on the landscape plan, and other such information as may be required. The building official may use the services of other city departments to evaluate compliance with provisions established herein.
D. 
If the city is in Stage 3 drought emergency or greater pursuant to section 106-186 of this Code, then the developer may postpone the installation of landscaping until the city is no longer subject to Stage 3 or greater drought restrictions. Upon such postponement, the landscaping will be considered installed for the purpose of receiving a certificate of occupancy. To postpone the landscaping obligation, the developer must submit a request in a form promulgated by the city specifying the postponed landscaping and committing to install the postponed landscaping within 90 days after the end of the Stage 3 drought restrictions. After receiving postponement of the aforementioned obligation, then it shall be unlawful for an owner to fail to install the postponed landscaping within 90 days after being notified by the building official that the city is no longer subject to Stage 3 or greater drought restrictions.
SUGGESTED PLANT LIST
The following set of tables includes a detailed list of plant species compiled by the Director of Parks and Recreation and represents species which have proven successful and compatible with soils found in the city. The Department of Parks and Recreation may provide information on experience with vegetation not included herein.
Table 1. Trees
Common Name
Botanical Name
Canopy
Understory
Mature Height
(in feet)
Mature Width
(in feet)
Crape Myrtle (treeform)
Lagerstroemia indica
 
X
10
10
Possumhaw Holly
Ilex decidua
 
X
15
10
Desert Willow
Chilopsis linearis
X
 
20
15
Redbud (‘Texas’ or ‘Oklahoma’)
Cercis canadensis
 
X
20
20
Vasey Oak
Quercus pungens ‘Vaseyana’
X
 
25
25
Eve’s Necklace
Sophora affinis
 
X
25
20
Mexican Plum
Prunus mexicana
 
X
25
15
Shantung Maple
Acer truncatum
X
X
25
20
Chinese Pistache
Pistacia chinensis
X
X
30
30
Golden Rain Tree
Koelreuteria paniculata
X
X
30
20
Japanese Black Pine
Pinus thunbergii
X
 
30
20
Aristocrat Pear (only acceptable cultivar)
Pyrus calleryana ‘Aristocrat’
X
 
40
30
Eastern Red Cedar
Juniperus virginiana
X
 
40
20
Lacebark Elm
Ulmus parvifolia
X
 
40
40
Escarpment Live Oak
Quercus fusiformis
X
 
50
50
Chinquapin Oak
Quercus muehlenbergii
X
 
50
30
Sawtooth Oak
Quercus acutissima
X
 
50
50
Austrian Pine
Pinus nigra
X
 
50
30
Bigtooth Maple (Edwards Plateau provenance only)
Acer grandidentatum var. grandidentatum
X
 
50
40
Pawnee Pecan
Carya illinoinensis ‘Pawnee’
X
 
50
50
Cedar Elm
Ulmus crassifolia
X
 
55
40
Live Oak
Quercus virginiana
X
 
60
75
Shumard Red Oak (provenance certified, locally grown)
Quercus shumardii
X
 
60
60
Caddo Maple
Acer barbatum var. Caddo
X
 
60
40
Bur Oak
Quercus macrocarpa
X
 
60
45
Ponderosa Pine
Pinus ponderosa
X
 
75
30
Placement of trees adjacent to paving should consider root growth characteristics of the species, and whether the eventual root growth will damage such paving.
Typically a shrub may be used as a medium tree if pruned and trained to reach a mature height exceeding 15 feet.
Table 2. Shrubs
Common Name
Botanical Name
Mature Height
(in feet)
Mature Width
(in feet)
Glossy Abelia
Abelia x grandiflora
6
6
Japanese Quince
Chaenomeles japonica
5
6
Nellie R. Stevens Holly
I. aquifolium x I. cornuta ‘Nellie R. Stevens’
20
15
Burford Holly
Ilex cornuta ‘Burfordi’
10
10
Chinese Holly
Ilex cornuta
10
8
Burford Holly, Dwarf
Ilex cornuta ‘Burfordi Nana’
4
4
Dwarf Chinese
Ilex cornuta ‘Rotunda’
3
3
Foster’s Holly
Ilex opaca x I. cassine ‘Fosteri’
20
15
Yaupon Holly
Ilex vomitoria
10
10
Dwarf Yaupon
Ilex vomitoria ‘Nana’
3
3
Compact Pfitzer Juniper
Juniperus chinensis ‘Compact Pfitzer’
3
6
Pfitzer Juniper
Juniperus chinensis ‘Pfitzeriana’
4
15
Sea Green Juniper
Juniperus chinensis ‘Sea Green’
7
15
Hollywood Juniper
Juniperus chinensis torulosa
20
10
Creeping Juniper
Juniperus horizontalis
2
8
Parson’s Juniper
Juniperus squamata expansa ‘Parsonii’
3
8
Canaert Juniper
Juniperus virginiana ‘Canaertii’
25
20
Crape Myrtle
Lagerstroemia indica
2–10
2–10
Dwarf Crepe Myrtle
Lagerstroemia indica
3
3
Texas Sage
Leucophyllum frutescens
8
8
Dwarf Wax Myrtle
Myrica cerifera var. pumila
6
6
Harbour Dwarf Nandina
Nandina domestica ‘Harbour Dwarf’
1
2
Fraser’s (‘Redtip’) Photinia
Photinia x fraseri
15
10
Indian Hawthorn
Rhaphiolepis indica
3
5
Rose
Rosa sp. ‘Knock Out’
3
3
Savannah Holly
Savannah Ilex opaca x I. attenuata ‘Savannah’
20
15
Table 3. Succulents
Common Name
Botanical Name
Spineless Prickly Pear
Opuntia cacanapa ‘Ellisiana’
Yucca
Hesperaloe parviflora ‘Texas Red’, ‘White’
Yucca Palm
Yucca faxoniana ‘Giant Faxon’
Beaked Yucca
Yucca rostrata
Yucca (Spanish Dagger)
Yucca sp.
Agave
Agave havardiana
Agave
Agave lechuguilla
Pineapple Pincushion
Coryphantha sulcata
Escobaria
Escobaria missouriensis
Table 4. Vines
Common Name
Botanical Name
Asian Jasmine
Trachelospermum asiaticum
Coral Honeysuckle
Lonicera sempervirens
Crossvine
Bignonia capreolata
English Ivy
Hedera helix
Grape Ivy
Cissus incisa
Passionflower
Passiflora incarnata
Pitcher Clematis
Clematis pitcheri
Scarlet Leatherflower
Clematis texensis
Vinca
Vinca sp.
Table 5. Turfgrasses
Common Name
Botanical Name
Bermudagrass
Cynodon dactylon
Buffalograss
Buchloe dactyloides
Zoysiagrass
Zoysia matrella (Sod)
Zoysiagrass
Zoysia japonica (Seed)
Zoysiagrass ‘Emerald’
Zoysia japonica x Zoysia tenuifolia ‘Emerald’
Zoysiagrass ‘Palisades’
Zoysia japonica ‘Palisades’
Table 6. Perennials
Common Name
Botanical Name
Alert Aster
Aster novi-belgii ‘Alert’
Artemesias
Artemesia sp.
Baptisias
Baptisia sp.
Coreopsis
Coreopsis sp.
Daylilies
Hemerocalliss sp.
Globe Thistle
Echinops ruthenicus ‘Platinum Blue’
Golden Jubilee Agastache
Agastache foeniculum ‘Golden Jubilee’
Goldsturm Rudbekia
Rudbeckia fulgida var sullivanti ‘Goldsturm’
Lantanas
Lantana sp.
Rosemary
Rosmarinus officinalis
Russian Sage
Perovskia atriplicifolia
Salvias
Salvia sp.
Upright Verbena
Verbena bonariensis (reseeding annual)
Winecup
Callirhoe involucrate
Yarrows
Achilliea sp.
Table 7. Do Not Plant (in Wichita Falls)
Common Name
Botanical Name
Leyland Cypress
 
Loblolly Pine
 
Magnolia
 
Pin Oak
 
River Birch
 
Rocky Mountain Juniper
Juniperus scopulorum
Skyrocket Juniper
 
Slash Pine
 
Sweetgum
 
Sycamore
 
(Ordinance 54-97, sec. 1(att. A), adopted 6/3/97; Ordinance 17-2013, sec. 1(6845), adopted 4/2/13; Ordinance 51-2018, sec. 4, adopted 10/2/18)

§ 6905 Purpose.

This provision allows the Commission to impose, and the city council to approve, conditions and restrictions on the use of land and buildings when approving a change in zoning district classification when necessary to mitigate adverse impacts or incompatibilities of land uses which might otherwise result at a specific site by prohibiting a land use otherwise permitted in a zoning district if necessary to ensure the compatibility of land uses. The city council may also impose such conditions as deemed necessary not previously recommended by the Commission.
This provision is also applicable to request for a conditional use permit when necessary to mitigate adverse impacts or incompatibilities of land uses which might otherwise result at a specific site. The Commission shall have final authority for approving a conditional use permit in accordance with section 7200 and any conditions set forth under this provision.
This provision is applicable to nonresidential zoning districts, or other zoning district which were created for a specific purpose within a specific area including, but not limited to the RDD River Development District, CBD Central Business District and BA Brook Avenue District, and shall include residentially zoned districts when application is being made for a conditional use permit as provided in this ordinance.

§ 6910 General provisions.

A. 
If conditions are imposed at time of rezoning request or initial zoning, every condition or use restriction established under this [ordinance] shall be considered an amendment to the regulations of the district and shall be incorporated in the ordinance providing for the change in zoning.
B. 
The procedures applicable to a request for a change in zoning district classification or application for a conditional use permit, including notice, public hearings and written protests, shall apply to any modification of any condition or restriction imposed under this section.
C. 
This provision does not authorize a land use which is not a permitted use in a zoning district, or a conditional use if applicable, and no requirement of any ordinance shall be waived or made less strict through the application of this provision. The council may prohibit a land use otherwise permitted in a zoning district if necessary to ensure the compatibility of land uses.
D. 
The city staff, Commission, or city council may require the applicant to submit plans, a site layout, maps, sketches, drawings, written statements, impact analyses or other information if determined necessary to review, make a recommendation, or decision on the application.

§ 6920 Conditions and restrictions.

In order to safeguard the public health, safety and welfare of the citizens and to protect properties from adverse impacts and incompatibilities, the Commission may recommend and the city council may impose conditions or restrictions on rezoning and initial zoning, and the Commission may impose conditions on a conditional use permit request, including, but not be limited to, one or more of the following matters:
A. 
Setbacks for buildings or structures.
B. 
Public street access.
C. 
Drainage.
D. 
Vehicular traffic circulation, parking lots or spaces.
E. 
Screening or buffers.
F. 
Hours of operation.
G. 
Activities permitted on the property.
H. 
Building or structure heights.
I. 
Landscaping.
J. 
Impervious surface area.
K. 
Floor area ratio.
L. 
Pedestrian circulation.
M. 
Signs.
N. 
Mitigation of noise, fumes, odors, vibration, or airborne particles.
O. 
Exterior lighting.
P. 
Building facades and exterior construction materials.
Q. 
Special fire protection measures.
R. 
Outside storage and display of merchandise.
S. 
Refuse and waste storage.
T. 
Other conditions or restrictions as shown on a site plan.
The applicant for a zoning change, initial zoning or conditional use permit under this provision may be required to submit additional details, such as building elevations and construction materials, to properly evaluate the proposed use against neighboring conditions. Such a plan, if required, shall become part of the ordinance change for rezoning or initial zoning consideration by the Commission and/or the city council.

§ 6925 Zoning district map.

Any property approved for a change of zoning district classification with conditions or restrictions as authorized by this provision shall be shown on the zoning district map with the abbreviated designation of the district followed by (c), to show the property as a conditioned zoning district.
(Ordinance 69-95, sec. 1, adopted 7/5/95)