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Ord 53-2002 7/16/2002 ORDINANCE NO. 6-mac ORDINANCE AMENDING APPENDIX B, ZONING, OF THE CODE OF ORDINANCES AT CHAPTER 3000, ZONING DISTRICT TYPES AND REGULATIONS, SUBCHAPTER 3840, BROOK AVENUE DISTRICT; FURTHER AMENDING APPENDIX B, ZONING, CHAPTER 2000, DEFINITIONS, AT SUBCHAPTER 2030, TERMS DEFINED; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, The Planning and Zoning Commission has recommended that there be created a category for Conditional Uses in the Brook Avenue zoning district and uses added thereto; and WHEREAS, The City Council concurs with the recommendation by the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Appendix B, Zoning, of the Wichita Falls Code of Ordinances is hereby amended at Chapter 3000, Zoning District Types and Regulations, Subchapter 3840, Brook Avenue District, so that such subchapter shall read as follows: "3841. Purpose. The purpose of the Brook Avenue district regulations is to provide for limited office use along Brook Avenue by recognizing the unique characteristics of an older residential area, the conflicting uses which existed in the area prior to the adoption of this ordinance, and the need to limit any nonresidential development to the lots abutting Brook Avenue. 3842. Permitted uses. A. The following uses are permitted in the BA district: Residential uses: Dwelling, duplex two-family Dwelling, single-family detached Civic uses: Day care centers, limited B. The following uses are permitted in the BA district subject to the site plan review provisions of section 7100: Residential uses: Condominiums, residential Dwelling, zero lot line, single-family, subject to provisions of section 5200 Dwelling, multifamily, up to 25 units per acre Civic uses: Parks Religious assembly Commercial uses: Clinic Medical office Offices[.] 3845. Conditional Uses The following uses are permitted in the Brook Avenue District subject to the approval process provided in section 7200: Therapy and Rehabilitation 3847. Development regulations. Each site in a BA district shall be subject to the following development regulations, except for zero lot line dwellings and townhouses. 1. Lot area: Five thousand square feet, minimum. 2. Lot width: Fifty feet, minimum. 3. Front setback: Twenty-five feet, minimum, except five feet, minimum, along Brook Avenue. 4. Side setback, interior: Five feet, minimum. 5. Side setback, exterior. Twenty-five feet, minimum, except 15 feet minimum for single-family and duplex dwellings, and five feet, minimum, along Brook Avenue. 6. Rear setback: Five feet, minimum, except one foot, minimum, when abutting an alley. 7. Height: One story, maximum, not exceeding 25 feet. The pitch of the main roof shall not be less than two foot [feet] of rise for each 12 feet of horizontal run. 8. Building coverage: Fifty percent of lot area, maximum. 9. Brook Avenue lot frontage: Uses other than single-family and duplex dwellings shall have a minimum 145 feet lot frontage on Brook Avenue. 10. [Parking.] Off-street parking facilities shall be provided in accordance with section 6200 with the following exceptions: When additions or enlargements are made to an existing building or use, or any change of occupancy or manner of operation is made that would result in additional parking spaces being required, off- street parking shall be provided on-site for the entire building or use. Furthermore, there shall be no parking of vehicles in the setback area abutting any street except for Brook Avenue. Additionally, there shall be no parking of vehicles on the street curb in this district, unless the curb abuts a single-family or duplex residential use. 11. Access: Parking facilities for non-single-family and duplex dwellings may have no more than one curb-cut per lot, and may also be allowed ingress and egress from an alley. 12. Landscaping: Landscaping shall be provided in accordance with section 6830 of this ordinance. Furthermore, the setback area abutting any street except for Brook Avenue shall be landscaped with grass or any other similar ground cover, and shall not be paved with any impervious material except for required driveway. 3849. Buffering requirements. Due to the special character of the BA district, the following buffering requirements shall apply in lieu of the requirements of section 4600: Additional setback: When uses other than single-family and duplex dwellings abut an SF-2 district, no portion of the structure shall be closer to the SF-2 district than 30 feet. This requirement shall not apply if an existing structure is utilized for non-single-family or duplex dwellings. Screening: Uses other than single-family and duplex dwellings abutting an SF-2 zoning district shall provide and maintain screening in the following manner: A six-foot-high solid double-sided wooden fence placed on a concrete foundation with brick columns placed no more than 20 feet apart, measured center line to center line, shall extend from the rear property line to the intersecting building setback line; and, a four-foot-high solid brick fence tapering to two feet in height shall extend from the building setback line to the property line. Lighting: All outdoor lighting must be directed away from residential areas. 3851. Sign regulations. Due to the special character of the BA district, only the following types of signs shall be permitted: A. On-premises ground signs: On-premises ground signs shall be permitted in accordance with the following regulations: 1. Maximum area: Sixty square feet. 2. Maximum height: Three feet. 3. Setback: None, provided it does not obstruct view to motorists and pedestrians and meets the requirements of section 102-40 of the Wichita Falls Code of Ordinances as amended. 4. Maximum number: One per lot. B. On-premises wall signs: On-premises wall signs shall be permitted in accordance with the following regulations: 1. Maximum area: Sixty square feet. 2. Maximum number: One per business. C. Miscellaneous signs: Construction, directional, nameplate, and real estate signs shall be allowed as per the provisions of table 6741. 3853. Nonconforming uses. Due to the special character of the BA district, the following nonconforming regulations shall apply in lieu of the requirements of section 6100 of this ordinance. A nonconforming use in a BA district shall not be resumed if discontinued for a period exceeding two years; expanded; converted to a different nonconforming use; or reconstructed if destroyed. Existing office uses may be converted to another office if minimum parking requirements are met. A nonconforming sign shall be removed after discontinuance of a nonconforming use." SECTION 2. Appendix B, Zoning, of the Wichita Falls Code of Ordinances is hereby amended at Chapter 2000, Definitions, Subchapter 2030, Terms Defined, to add the following definition: "Therapy And Rehabilitation:A use engaged in a therapeutic and/or rehabilitation activity by personnel licensed by the State." SECTION 3. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 16th day of July, 2002. UJ� K. MAYOR ATTEST: L. d I LA City Clerk Affidavit of Publication THE STATE OF TEXAS #1543467 COUNTY OF WICHITA ORDINANCE NO. 53-2002 ORDINANCE AMEND- ING APPENDIX B, ZONING, OF THE CODE OF ORDINANC- On this 30th day of July, 2002 AD... ES AT CHAPTER 3000, ZONING DISTRICT Personally appeared before me, the undersigned authority TYPES AND R E G U- Kathy Salan bookkeeper for the Times Publishing Company SUBCHAP- TER 1O 84 B0, BROOK of Wichita Falls, publishers of the Wichita Falls AVENUE FURTHER AMEND- Times/Record News, a newspaper published at ING APPENDIX B, ZONING, CHAPTER Wichita Falls in Wichita County, Texas, and upon being 2000,SUBCHAPTER I A T duly sworn by me, on oath states that the attached TERMS D E-FINED advertisement is a true and correct copy of advertising published in One (1) issues thereof on the following dates: July 28, 2002 402,k) Bookkeeper for Times Pub d hing Company of Wichita Falls o'np,INE s. ,,,, Subscribed and sworn to before me this the day and year first above written: N�� OS ?JRES• ' • 17-200N 1 i