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Ord 069-95 7/5/1995ORDINANCE NO. { '� AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES BY ESTABLISHING A CONDITIONED ZONING PROVISION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Planning & Zoning Commission has determined that land use compatibility, relating to the proximity and types of land uses, needs to be addressed in a manner conducive to all concerned in order to protect existing land uses from detrimental effects from land uses of greater intensity; WHEREAS, the Planning & Zoning Commission recommends to the City Council that an amendment to Appendix A of the Code of Ordinances be adopted in order to ensure that the Planning & Zoning Commission and the City Council have the ability to protect adjacent or neighboring land uses from detrimental or negative impacts resulting from otherwise incompatible adjacent or neighboring land use effects; and WHEREAS, the City Council accepts the recommendation of the Planning & Zoning Commission, and concurs with its findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION I. Appendix A of the Code of Ordinances, otherwise known as the Zoning Ordinance, is hereby amended according to Attachment A included herein. SECTION 2. 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 5th day of July, 1995. MAYOR ATTEST: J CI' CLERK r� ATTACHMENT A 6900 CONDITIONED ZONING 6905 Purpose This provision allows the Planning and Zoning 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 insure the compatibility of land uses. The City Council may also impose such conditions as deemed necessary not previously recommended by the Planning and Zoning 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 Planning and Zoning 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 non - residential zoning districts, or other zoning districts which were created for a specific purpose within a specific area including, but not limited to the River Development District (RDD), Central Business District (CBD) and Brook Avenue District (BA), 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 article 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 insure the compatibility of land uses. D. The City staff, Planning and Zoning 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 Planning and Zoning Commission may recommend and the City Council may impose conditions or restrictions on rezoning request and initial zoning, and the Planning and Zoning 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 Planning and Zoning 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 NO. 67-95 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AP -' PROPRIATING $30,000 IN FUNDING RECEIVED FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE (P EMERGENCY MANAGE- \\ ME NT ASSISTANCE PRO- MCP.) GRAM; FINDING AND DE. TERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW ORDINANCE NO.68 -95 ORDINANCE REZONING LOTS 10, 11, 12, & 13, BLOCK 21, HILLCREST ADDITION FROM RESIDENTIAL MIXED USE TO GENERAL COMMERCIAL (CASE R 95 -12); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA On this 17th Ad #629721 day of J u 1 1995 A.D............. personally appeared before me, the undersigned authority Mary E. Newell 1 1 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 WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW J3, < advertisement 1S 8 title end COCieCt� copy of advertising published ORDINANCE NO. 69-95 .(}� 1 ORDINANCE AMENDING AP- one �n issues thereof on the following dates: PENDIX A OF THE CODE OF ORDINANCES BY ESTAB- LISHING A CONDITIONED ZONING PROVISION; FIND - ING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED 1 BY LAW ORDINANCE NO. 70-95 -N . ORDINANCE REZONING 2022 s�... R. MAURINE STREET, -LOT B, , eS BLOCK F, RAY MASSIE SUB- DIVISION FROM MULTI. U4 e�.fy FAMILY RESIDENTIAL TO GENERAL COMMERCIAL 17, (CASE R 95 -10); FINDING AND DETERMINING THAT AT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW ORDINANCE NO. 71-9S ORDINANCE REZONING LOTS 1 & 2, BLOCK 1, GREEN - TREE SUBDIVISION (5600 AND 5620 BURKBURNETT ROAD) FROM SINGLE FAM- ILY TO GENERAL COM- MERCIAL (R 95 -11); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW ORDINANCE NO. 72 -95 ORDINANCE WAIVING SEC- TION 2749 OF THE CODE OR ORDINANCES WITH RE- SPECT TO PLACING A SIDE. WALK ON THE NORTH SIDE OF RATHGEBER ROAD ADJA- CENT TO THE SOUTH LINE OF BLOCK 11 LOT 1, CREST- VIEW ADDITION AND THE SOUTHEAST SIDE OF STATE HWY. 79 ADJACENT TO THE NORTHWEST LINE OF BLOCK 1, LOT 1, CRESTVIEW AD- DITION ORDINANCE NO.73 -95 ORDINANCE WAIVING AP- PENDIX A, SUBDIVISION SECTION 9 (B) (2) (c) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE OF RATHGEBER ROAD, ;ADJACENT TO THE SOUTH LINE OF BLOCK 1, LOT 1, CRESTVIEW ADDITION AND THE SOUTHEAST SIDE OF STATE HWY. 79 ADJACENT TO THE NORTHWEST LINE OF BLOCK 1, LOT 1, CRESTVIEW ADDITION ORDINANCE NO. 74.95 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, _- I...TFR 7, July 17, 199/5 Bookkeeper for T' es Publishing Company of Wichita Falls 9 Subscribed and sworn to before me this the day and year first above written: i� ORDINANCE NO.74 -9S ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 7, ARTICLE III CONCERNING DANGEROUS BUILDINGS OR STRUCTURES AT SECTIONS 7 -25; 7 -28; 7 -29; AND 7 -31 OF THE CODE OF ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE OF ORDI- NANCES; PROVIDING A RE- PEALER CLAUSE; AND FIND- ING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS RE- QUIRED BY LAW