Ord 103-2000 10/3/2000ORDINANCE NO. I C S-
ORDINANCE AMENDING APPENDIX C, ZONING ORDINANCE, TO
DEFINE AND REGULATE VIDEO GAME ARCADE ESTABLISHMENTS;
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 video
game arcade establishments may have adverse off -site impacts if located near
residential uses and schools; and
WHEREAS, the Planning and Zoning Commission has also determined that
amendments to the Zoning Ordinance are necessary to define and regulate video game
arcade establishments in order to preserve the quality of life in neighborhoods by
requiring a Conditional Use permit under certain circumstances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The hereinafter described amendments shall be codified by adding
the underlined text. The amended portion shall not be underlined in the codified text
except where necessary for format or emphasis.
SECTION 2. Section 2030 Definitions, of the Appendix C, Zoning Ordinance,
shall be amended as follows:
INDOOR SPORTS AND RECREATION
Uses conducted within an enclosed building. Typical uses include bowling alleys,
billiard parlors, ice and roller skating rinks, penny arcades, electronic video games
(excluding a video game arcade, see Section 5905), and indoor racquetball courts.
VIDEO GAME ARCADE
See Section 5905.
SECTION 3. Section 5900 of the Appendix C, Zoning Ordinance, is hereby
established to read as follows:
5900 MISCELLANEOUS REGULATIONS
5905 Video Game Arcade Reaulations
VIDEO GAME ARCADE
An establishment where a use consists of electronic video games and similar devices
where customers pay a fee to play. A Conditional Use permit shall be required if either
of the following conditions is present:
a. the use is within 200 feet of a residence, school, or a Single Family -1, Single
Family -2 or Multifamily zoning boundary;
b. the area used for the arcade exceeds 25 percent of the gross floor area of the
buildina in which it is located.
SECTION 4. Video Game Arcade as regulated by Section 5905 shall be added
to the list of Conditional Uses in Section III, Zoning Districts, of the Appendix C, Zoning
Ordinance, in Sections 3280, 3480, 3540, 3730 and 3805 as further described in the
following sections.
SECTION 5. Appendix C, Zoning Ordinance, Section III, Zoning Districts, Section
3280, Residential Mixed Use District, Conditional Uses, Commercial Uses Section, is
amended as follows:
Commercial Uses:
- Art Gallery / Museum
- Alcoholic Beverage Sales, subject to the provisions of Section 5400)
- Auto Repair Service
- Auto Sales & Services
- Automotive Service Stations
- Boat Sales & Service
- Business & Trade Schools
- Clinic
- Club
- College & University
- Contractor's Yard
- Convenience Store
- Exterminating Service, Without Chemical Storage
- Flea Market
- Funeral Home
- Hospital
- Hotel
- Indoor Sports & Recreation
- Kennel
- Medical Office
- Motel
- Movie Theater
- Nursery
- Office
- Parking Facility
Radio & T.V. Transmitting Towers
Repair Services
- Restaurants
Retail Trade
Self- Storage Facilities /Mini Warehouse
Services
Stable
- Veterinary Services
- Video Game Arcade as regulated by Section 5905
SECTION 6. Appendix C, Zoning Ordinance, Section III, Zoning Districts, Section 3480,
General Commercial District, Conditional Uses, is amended as follows:
3480 Conditional Uses
The following uses are permitted in the GC district subject to the approval process
provided in Section 7200:
- Alcoholic Beverage Sales, subject to the provisions of Section 5400
- Auto Repair Service
- Bus Station
- Community Residential Center
- Contractor's Yard
- Flea Market
- Halfway House
- Kennel
- Light Manufacturing
- Manufactured Homes, Subject to the provisions of Section 5600
Outdoor Entertainment and Recreation
- Outdoor Storage
- Parking Facility
- Radio and TV Transmitting Tower
- Video Game Arcade as regulated by Section 5905
- Warehousing Facility
SECTION 7. Appendix C, Zoning Ordinance, Section III, Zoning Districts, Section 3540,
Light Industrial District, Conditional Uses, is amended as follows:
3540 Conditional Uses
The following uses are permitted in the LI district subject to the approval process in
Section 7200
- Airport
- Community Residential Center
Exterminating Services, With on -site chemical storage
Fuel & Chemical Storage
- Landfill
Mining & Excavation
Salvage Yards, as permitted in Chapter 20, Article III of the Wichita Falls
Code of Ordinances, as amended.
Slaughter House & Meat Packing
Stockyards
- Halfway House
- Video Game Arcade as regulated by Section 5905
SECTION 8. Appendix C, Zoning Ordinance, Section III, Zoning Districts, Section 3730,
River Development District, Conditional Uses, is amended as follows:
3730 Conditional Uses
The following uses are permitted in the RDD district subject to the approval process
provided in Section 7200:
- Outdoor Entertainment and Recreation
- Personal Care Home
- Video Game Arcade as regulated by Section 5905
SECTION 9. Appendix C, Zoning Ordinance, Section III, Zoning Districts, Section 3805,
Central Business District, Conditional Uses, is amended as follows:
3805 Conditional Uses
The following uses are permitted in the Central Business District subject to the approval
process in Section 7200.
- Community Residential Center
- Outdoor Storage
- Halfway House
- Video Game Arcade as regulated by Section 5905
SECTION 10. 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 3rd day of October 2000.
ATTEST:
City Clerk
AYOR
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
1218515
(Here)
ORDINANCE NO. On this 17th day of October 2000 personally
ORDINAN MEND-
2000appeared before me, the undersigned authority, Saundra Barnett,
ING APPENDIX C,
ZONING ORDINANCE, bookkeeper for the Times Publishing Company of Wichita Falls,
TQ DEFINE AND REG-
ULATE VIDEO GAME publishers of the Wichita Falls Times /Record News, a newspaper
ARCADE ESTABLISH!
MENTS; FINDING AND published at Wichita Falls in Wichita County, Texas, and upon
DETERMINING THAT Y p
THE MEETING AT WHICH THIS ORDI- being duly sworn by me, on oath states that the attached
NANCE WAS PASSED
WAS OPEN TO THE advertisement is a true and correct copy of advertising published in
PUBLIC AS REQUIRED
BYLAW. one (1) issues thereof on the following dates : October 15th,
2000.
4,, ,sit., 46-AtiJii
Saundra Barnett
Bookkeeper for the Times Publishing
Company of Wichita Falls
,,'.S.l,,,•.
POE"-NE S.��c••; Subscribed and sworn to before me this the day and year first above written:
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