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Ord 095-96 7/2/1996ORDINANCE NO.L AN ORDINANCE AMENDING APPENDIX C, ZONING ORDINANCE SECTION 6100, AS IT RELATES TO NONCONFORMING DEVELOPMENT; 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 determined that Section 6100 of the Zoning Ordinance does not serve the public purpose by providing oversight of development proposals which involve nonconforming uses, structures or parcels; and WHEREAS, the City Council concurs with the recommendations made by the Planning and Zoning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Section 2030 of the Zoning Ordinance is amended to incorporate the following definitions: Nonconforming Development Means a parcel of land, improvement or use that was lawful prior to the enactment of this ordinance, effective May 23, 1985, or any amendment thereto, but that does not conform to the provisions of this ordinance except for the provisions of Sections 6100. Nonconforming Parcel Means a parcel of land that is not in conformance with the Code of Ordinances or is not in conformance with provisions contained in this ordinance. Nonconformity may include lot size, frontage or lot width, or other conditions related to the area or width of a parcel or development of the parcel. This definition shall not be interpreted to mean a parcel which was established contrary to regulations contained under Appendix A of the Code of Ordinances, or within this ordinance since the rezoning of property or since zoning was enacted in the City unless a variance to such regulations has been lawfully obtained. Such a parcel developed contrary to regulations in the Code of Ordinances shall be an illegal parcel. Nonconforming Site Elements Site elements are those elements which are ancillary to a use, structure or parcel which include, but are not limited to parking number and layout, provision of required handicapped parking, landscaping and irrigation, signage, free - standing or attached canopies or awnings, ingress and egress points and curb cut location(s), site circulation patterns compatible with the use and /or mixture of uses, outdoor lighting, and similar elements, features or provisions. Nonconforming Structure Means a structure which is not in compliance with this ordinance as it relates to lot coverage, height, setback and other provisions which are intended to regulate the size, location or other element relating to the structure or placement of a structure. This definition shall not be interpreted to include building codes. Nonconforming Use Means a legal use which is not a permitted use in that zoning district and which existed prior to the enactment of zoning within the City or a rezoning within a zoning district. Nonconforming use may also apply to nonconformance with regulations which apply to parking, landscaping and signage requirements as applied to the current use which is in itself nonconforming. This definition shall not be interpreted to mean a use which was established since the rezoning of property or since zoning was enacted in the City, and is not permitted in that zoning district, not authorized by a Conditional Use Permit, or which has not obtained a waiver of this ordinance from the City Council. Such use is an illegal use. SECTION 2. Definitions found in conflict with definitions under Section 1 above are hereby repealed. SECTION 3. Section 6100 of the Zoning Ordinance is hereby amended in its entirety and replaced with Attachment A herein. SECTION 4. 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 2nd day of July, 1996. PAY R F.Ift 0:1.10 u Raj 11 Ci,ERK ATTACHMENT A 6100 NONCONFORMING DEVELOPMENT 6110 PURPOSE It is the declared purpose of this Section 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. 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 the Zoning Ordinance are met which include, but are not limited to setback requirements, parking, and landscaping are fulfilled. Such nonconforming parcel, if created since the adoption of the Zoning Ordinance, shall first be required to obtain a variance from the Board of Adjustment. 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. Residential Structures A structure which is in noncompliance with the height or setback requirements of the 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 the Zoning Ordinance including, but not limited to, building coverage, landscaping, and parking requirements, are met. 2. 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 (3) feet to a property line which is common with the adjacent property. 3. 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 the 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 (8) 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 8' 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 designee shall be responsible for determination of compatibility of use, function and appearance. B. Non - residential Structures 1. In a single - family residential district, an existing building or premise which is devoted to a use which is not permitted in a single- family residential district shall not be expanded, extended or enlarged. 2. In districts other than a single - family residential district, an existing nonconforming building may be expanded, extended or enlarged subject to the Conditional Use approval process provided in Section 7200 as long as all other provisions of the Zoning Ordinance including, but not limited to, building coverage, landscaping, and parking requirements, are met. 6130 NONCONFORMING USE AND STRUCTURE - RECONSTRUCTION Subject to the Conditional Use approval process provided in Section 7200, the Planning and Zoning 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 non - conforming 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 fifty (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 (1) 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 1 year, due to unusual circumstances, the Director of Community Development or his designee may grant a 6 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. 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 Planning and Zoning Commission may authorize the Conditional Use Permit subject to the following: A nonconforming use located in a district other than a single- family residential district may be converted to another nonconforming use of a similar nature provided the noise, odor, refuse, traffic volumes and patterns, hours of operation, parking requirements and other factors are similar. 2. Under no circumstance may a nonconforming use convert to a less restrictive use category. 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 - premise 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. 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 use(s), not associated with the proposed use, and which are nonconforming shall be demolished or otherwise removed. 6145 NONCONFORMING STRUCTURE - DISCONTINUANCE The right to operate within a nonconforming structure terminates if the structure remains vacant for two years or more. The Planning and Zoning Commission may grant a Conditional Use Permit to permit an exception to this provision if the owner can demonstrate that the proposed use of the structure will produce a measurable improvement to the neighborhood. The Planning and Zoning Commission may determine the appropriateness of the proposed use, may place conditions upon the operation or use of the nonconforming structure and /or require amenities or treatments to the structure which will enhance the overall appearance of the structure and its relationship to the neighborhood. 6150 NONCONFORMING USE - 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 Planning and Zoning 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. 6155 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 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 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. ORDINANCE NO. 95-96 ORDINANCE AMENDING APPENDIX C, ZONING ORDINANCE SECTION 6100,AS IT RELATES TO NON - CONFORMING DE- 1 VELOPMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE- QUIRED BY LAW ORDINANCE NO.96 -96 � AN ORDINANCE AUTHO- 11 RIZING THE CITY MAN- AGER TO ENTER INTO A CONTRACT WITH UNIT- ED AERIAL MAPPING TO PROVIDE SERVICES RE- LATED TO DATA CON - V E R S 1 O N A N D COMPUTERIZATION AND APPROPRIATING MON- EYS TO FUND THIS SER- VICE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE- QUIRED BY LAW ORDINANCE NO. 97-96 AN ORDINANCE WAIV- ING SECTION 4200 (1), OF THE ZONING ORDI- NANCE GOVERNING THE PLACEMENT OF CAR - PORT IN THE FRONT SETBACK AREA AT 2908 BOREN AVENUE; FIND- ING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE- QUIRED BY LAW ORDINANCE NO.98 -96 ORDINANCE WAIVING APPENDIX A, SUBDIVI- SION 9 (B) (2) (a) OF THE 4 CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF BARNETT ROAD, ADJACENT TO THE WEST LINE OF LOTS 1 -A AND 1 -B, TURTLE CREEK ESTATES ORDINANCE NO.99 -96 ORDINANCE WAIVING SECTION 27 -30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE EAST SIDE OF BARNETT ROAD ADJA- CENT TO THE WEST LINE OF LOTS 1 -A AND 1 -B, TURTLE CREEK ES- TATES ORDINANCE NO.100 -96 ORDINANCE WAIVING APPENDIX A. SUBDIVI- SION SECTION 9 (2) (A) OF THE CODE OF ORDI- NANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF BARNETT ROAD ADJACENT TO THE WEST LINE OF LOTS 2 THROUGH 10, BLOCK 10 AND LOT 57 OF BLOCK 1, SUMMERFIELD ES- TATES, SECTION 5 -C AND THE NORTHWEST SIDE OF LAKESHORE DRIVE ADJACENT TO THE SOUTHEAST LINE OF LOTS 43, 44, AND 58, BLOCK 1, SUMMERFIELD ESTATES, SECTION 5 -C ORDINANCE NO. 101-96 AN ORDINANCE AMEND- ING APPENDIX C, ZON- I N G ORDINANCE,!, SECTION 6226, SUBSEC- TIONS A & C, AS IT RE- LATES TO HANDICAP PARKING; FINDING AND DETERMINING THAT THE MEETING A T WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE- QUIRED BY LAW ORDINANCE NO.102 -96 Here) Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA On this 25th day of AD #226031 July 1996 A.D............. personally appeared before me, the undersigned authority Marie McDaniel bookkeeper for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls Times /Record News, a newspaper published at Wichita Falls in Wichita County, Texas, and upon being duly sworn by me, on oath states that the attached advertisement is a true and correct copy of advertising published in One ( 21) issues thereof on the following dates: July 21,1996 Bookkeeper for Times Publishing Company of Wichita Falls bscribed and sworn to before me this the day and year first above written: ORDINANCE NO. 102-96 AN ORDINANCE REZON- ING LOT 3B, K -MART AD- DITION, 4718 K -MART DRIVE, WICHITA FALLS, TEXAS, FROM SINGLE FAMILY RESIDENTIAL TO LIMITED COMMER- CIAL (CASE R 96 -07); F I N D I N G AND DETER- MINING THAT T H E MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE- QUIRED BY LAW ORDINANCE NO. 103-96 AN ORDINANCE REZON- ING 1620 MIDWESTERN PARKWAY, 4.4 ACRES OUT O F BLOCK A, MCGREGOR- COOPER SUBDIVISION, WICHITA FALLS, TEXAS, FROM HEAVY COMMERCIAL TO MULTIFAMILY RESI- DENTIAL (CASE R 96 -06); FINDING AND DETER- MINING THAT T H E MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE- QUIRED BY LAW ORDINANCE NO.104 -96 AN ORDINANCE REZON- ING 30 ACRES OUT OF CHEROKEECOUNTY', SCHOOL LANDS, BLOCK 3, WICHITA FALLS, TEX- AS, FROM HEAVY COM- MERCIAL TO GENERAL COMMERCIAL (CASE R 96 -05); FINDING AND DE- TERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE- QUIRED BY LAW ORDINANCE NO.105 -96 AN ORDINANCE OF THE CITY COUNCIL OF THE C I T Y OF W I C H I T A FALLS, TEXAS, APPRO- PRIATING $24,070 IN FUNDING RECEIVED FROM THE TEXAS DE- PARTMENT OF PUBLIC S A F E T Y F O R T H E EMERGENCY MANAGE- MENT ASSISTANCE PRO- GRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW ORDINANCE NO. 106-96 ORDINANCE MAKING AN APPROPRIATION IN THE HE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXASDEPARTMENT OF HEALTH AND AUTHO- RIZING THE CITY MAN - AGER TO EXECUTE CONTRACT ACCEPTING SAME ORDINANCE NO. 107-96 ORDINANCE AMENDING SECTION IV OF ORDI- NANCE NO. 1631, IN- CREASING THE RATE OF FARE TO BE CHARGED BYTAXICABS