Ord 053-2002 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:
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