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Ord 089-2001 9/18/20011 ORDINANCE NO. 89 -2001 ORDINANCE AMENDING APPENDIX B, ZONING ORDINANCE SECTION 5900, REGARDING WEATHER SHADES; 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 reviewed regulations involving weather shade; and WHEREAS, The City Council concurs with the recommendation by the Planning and Zoning Commission and has determined that adopting such regulations is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Appendix B, Section 5900, shall be amended by adding Attachment A herein, which is considered a part of this Ordinance. 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 18th day of September, 2001. ATTEST: City Clerk )"t� Z'. J-�- MAYOR ATTACHMENT A Section 5915 Weather Shades There shall be allowed metal, cloth, canvas or similar such materials to be commercially installed for weather - related protection over vehicle sales lots, playgrounds and other approved situations under the following conditions: A. All components associated with either the shade or supporting structure shall be new materials at time of installation. B. A metal frame shall be used to support the shades. C. The minimum height of shades shall be seven feet as measured from grade to the lowest point of the shade or supporting structure. The minimum height of shades within 25 feet of a property line shall be 10 feet. The supporting structure shall remain open on all sides. D. No advertisements, logos, flags, pennants, lights or other such items shall be attached or otherwise applied to either the shade or supporting structure. Lighting intended for illumination under the shade shall be allowed if the light source is not visible from a public street or adjacent property. E. Individual shades shall be of a single color. F. Faded, torn or otherwise damaged shades shall be immediately repaired or replaced. Repaired shades will resemble new shades. G. Once the use has discontinued operation, the shade, supporting structure and associated appurtenances shall be removed. H. The design of the mounting or installation of the shade shall meet all building code requirements which include, but are not limited to foundation for supporting structures, flame retardance and /or resistance within applicable flame spread indices and electrical codes, wind loading, and other applicable codes. Prior to the installation of a shade or supporting structure, the Department of Community Development shall approve detailed engineering and site plans of the proposal with conditions herein addressed. Shades shall be installed and maintained according to manufacturer specifications where such specifications are in accordance with conditions herein. J. No part of a shade or supporting structure shall interfere with the health, growth or placement of landscaping. K. Supporting structures and any shade overhang shall be placed a minimum of 10 feet from a property line. L. Should manufacturer's specifications or building official require the installation of ground- mounted guy wires, the area of the ground around the guy wire shall be adequately marked or identified to prevent tripping or other injury. Guy wires shall only be allowed for temporary uses and subject to Section 6600, and shall not be allowed around open permanent playgrounds. M. A building permit shall be required. N. With the exception of the General Commercial zoning district, weather shades shall only be allowed within non - residential zoning districts. An exception to this provision may exist for playgrounds and similar approved situations. Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA 1395177 ORDI8-200 NO. lls 2nd day of October 2001 A.D appeared before me, R D I N A N C E , MENDING PPEN-- ndersigned authority, Saundra Barnett, bookkeeper for the Times Publishing B,ZONING o,REGARDING pany of Wichita Falls, publishers of the Wichita Falls Times/Record News, a /EATHER SHADES • ORDINANCE NO. ;paper published at Wichita Falls in Wichita County, Texas, and upon being 90-2001 MENDING CHAP- sworn by me, on oath states that the attached advertisement is a true and ER 2,ART.-1v D vv. ct! copy of advertisingpublished in one 1 issues thereof on the OF THE CODE OF p7 RDINANCEs wing dates: September 30th, 2001. 62z1,4./ti Saundra Barnett Bookkeeper for the Times Publishing Company of Wichita Falls (Seal) Subscribed and sworn to before me this the day and year first above written: �.•c NES. '•,• Yp2;el/. • ych Pi • OS a1;E5..... ' 77-200a