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Ord 32-2010 6/1/2010 ORDINANCE NO. 32-2010 Ordinance Amending Appendix B, Zoning, Of The Wichita Falls Code Of Ordinances To Amend Section 3010, Add Sections 3900 Through 3945, And Amend Section 5420, Which Will Establish A Commercial Corridor Zoning District And Provide Regulations To Govern Said District WHEREAS, the Planning and Zoning Commission has reviewed these proposed zoning ordinance changes, and recommends approval thereof, and the City Council concurs with the Planning and Zoning Commission's recommendation; and WHEREAS, the City Council finds that these zoning regulations are adopted in accordance with the City's comprehensive plan, and are designed to lessen street congestion, secure safety from fire, panic and other dangers, promote health and the general welfare, provide adequate light and air, prevent overcrowding, avoid undue population concentration, and facilitate the adequate provision of infrastructure in accordance with TExas LocA� Gov'T. Co�E §211.004. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Section 3010 of Appendix B, "Zoning," of the City of Wichita Falls Code of Ordinances is amended to read as follows: 3010 Zoning Districts Established The City of Wichita Falls is hereby divided into the following zoning districts: "SECTION MAP ZONING DISTRICT NUMBER CODE NAME 3040 SF-1 Single-Family Residential (Large Lot) 3100 SF-2 Single-Family Residential (Standard Lot) 3170 MFR Multifamily Residential 3250 RMU Residential Mixed Use 3320 MHR Manufactured Housing 3360 LO Limited Office 3370 LC Limited Commercial 3450 GC General Commercial 3510 LI Light Industrial 3580 HI Heavy Industrial SPECIAL PURPOSE ZOMNG DISTRICTS 3640 PUD Planned Unit Development 3700 RDD River Development District 3780 CBD Central Business District 3840 BA Brook Avenue 3900 CC Commercial Corridor" 2. Appendix B, "Zoning", of the City of Wichita Falls Code of Ordinances is amended to add Sections 3900 through 3945, to read as follows: "3900 CC Commercial Corridor District 3905 Purpose The purpose of the CC Commercial Corridor District is to accommodate small offices, neighborhood commercial activities and residential uses to promote a traditional neighborhood district. These districts are intended to be adjacent to residential areas and act as a buffer between residential and more intense uses. 3910 Permitted Uses A. The following uses are permitted in the CC District: Residential Uses - Dwelling, Duplex Two Family - Dwelling, Single Family Detached - Group Home B. The following uses are pennitted in the CC District subject to the Site Plan Review provisions of Section 7100 and to the provisions of Section 3940 Special Conditions. Residential Uses - Bed & Breakfast Homestay - Bed & Breakfast Inn - BoardinD House - Condominium - Dwelling, Nlulti-Family, Up to 25 units per acre - Dwelling, Zero Lot Line Single Family, subject to the provisions of Section 5200 - Townhouse, subject to the provisions of Sec. 5300 Civic Uses - Day Care Centers, Limited and Commercial - Library, Public - Parks - Private Recreational Areas, Limited - Public Safety Services - Religious Assembly - School Prima�y & Seconda�y - Utility Service Commercial Uses - Art Gallery/Museum - Clinic - Extenninating Services, without chemical storage - MedicalOffice - Nursery - Offices - Oil Drilling subject to the provisions of Chapter 21 of the Wichita Falls Code of Ordinances as amended. - Restaurants - Restaurants, Limited - Retail Trade, excluding automotive sales - Services 3915 Conditional Uses The fiollowing uses are permitted in the CC District subject to the approval process provided in Section 7200 and to the provisions of Section 3940 Special Conditions. Residential Uses - Dwelling, Multi-Family, Exceeding 25 units per acre - Personal Care Home Civic Uses - Residential Care Facility Commercial Uses - Alcoholic Beverage Sales, subject to the provisions of Section 5400 - Automotive Service Station - Business & Trade Schools - Club - Convenience Store - Indoor Sports & Recreation - Movie Theatre - Repair Services - Self-Storage Facility/Mini Warehouse - Shopping Center 3920 Development Regulations Each site in a CC District shall be subject to the following development regulations, except for zero lot line dwellinbs, and townhouses: 1. Lot area: 5,000 sq. ft. minimum. 2. Lot width: 50 ft., minimum. 3. Front setback: 25 ft., minimum. 4. Side setback, interior: 5 ft. minimum. 5. Side setback exterior: 25 ft. minimum, except IS ft. minimum for single family and duplex dwellings. 6. Rear setback: 5 ft. minimum. 7. Height: 35 feet maximum. For School and Religious AssemUly uses, the maximum height shall be 4S feet. 8. Building coverage: 55% of lot area, maximum; except 50% of the lot area, maximum, for single family and duplex dwellings. 9. All outdoor ligllting shall be directed away fi residential areas. 10. Speakers: All audio devices, including but not limited to speakers, for restaw�ant drive-in and other like facilities, shall be located near and directed toward a public street. The primary building shall be situated between the location of the speaker and any adjacent residential district or use. 3925 Sign Regulations Due to the special character of the CC District, only the following types of signs are pern�itted: A. Ground Signs: Ground signs are permitted in accordance with the following regulations: l. Maximum a��ea: 60 sq. ft. 2. Maximum height: 4 feet above top of sign base. 3. Setback: 10', if taller than 3'. Signs are subject to the requirements of Section 102-40 of the Wichita Falls Code of Ordinances, as amended. 4. Maximum number: 1 per business, per street frontage. 5. Sign Base: All gi•ound signs shall be mounted on a masonry base consistent with tlle principal building material usage. The base maximum height shall not exceed 1.5 feet, with the width and depth not to exceed 9" beyond the perimeter of the sign. 6. Sign Base Landscaping: All commercial ground signs shall be landscaped, with landscapina height not to exceed the base of the sign. Use of low-bearing dwarf shrubs, per Section 6800, is required to screen the base and complement site landscaping. Shrubs shall be planted in a staggered double row along the base of all sign faces such that at least 75% of the base is screened. 7. Sign Lighting: Signs may be internally or externally illuminated. Message center signs, however, are prohibited. B. On-Premise Wall Signs: On-premise wall signs shall be permitted in accordance with the following regulations: 1. Maximum area: 60 sq. ft. 2. Maximum number: I per business, pe►• street frontage C. Miscellaneous Signs: All other signs permitted as per the provisions of Table 6741. 3930 Building Material Requirements Buildings in the CC District shall incorporate the fo(lowing exterior building materials to create and complement tlle building's architectura] design. A. Primary exterior building materials shall consist of material comparable in grade and quality, to include the following: face brick, natural stone, rock face or specially designed pre-cast concrete units with a decorative material or texture. Smooth faced concrete block is not permitted as a primary exterior building material. B. Cement stucco may be used as an acceptable exterior primary building material. C. The following exterior building materials are not permitted as the primary material but may be used as a secondary treatment to complement the primary exterior building materials: 1. Synthetic stucco materials such as EIFS, cast sprayed textures, and trowel knock down textured finishes; 2. Metal siding or metal panels; 3. Smooth faced concrete block; 4. Glass, glass block, and glazed curtain-walls; and 5. Plastic, vinyl or wood siding. D. All principal and accessory buildings shall meet the following minimum percentage requirements for primary exterior building materials: 1. Minimum 60% for all non-residential building exterior walls. 2. Minimum 60% for all residential building exterior walls. Accessory buildings accessory to a residential use less than 150 square feet shall be exempt from this provision. E. Architectural plans shall be prepared by a design professional, to include: 1. Elevations of all sides of the principal and accessory buildings; 2. Type, color and percentage of all exterior primary and secandary building materials, excluding all door and window openings; and 3. Location and screening of trash receptacles, heating, air conditioning and ventilation systems. F. All accessory buildings, at minimum, shall be consistent in design and usage of material as the principal b�lilding, except as pernlitted per Section 3930(D)(2) of this Ordinance. 3935 Nonconforming Building Materials Existing buildings not in conformance with the provisions set forth in Section 3930, shall comply with said provisions in the event of either of the following: A. There is an increase in area or height of the principal building of a non residential use. B. The principal building is demolished or destroyed beyond 50% of the replacement cost of its current material status on the date of the damage. 3940 Special Conditions A. No outdoor repair service of any kind shall be permitted. B. Commercial uses shall not be open to the public from the hours of 12:00 midnight through 6:00 a.m. 3945 Lighting A. All means of outdoor lighting shall be shown on all building elevations and site plans for ground locations. B. An outdoor light plan shall be submirted with the site plan and building elevation plan. C. All outdoor building, parking, and decorative lighting shall be directed away fi•om residential uses and shall be shielded at all times so as to substantiallv reduce ii�ht beine shown unon adiacent residential uses and so as to 3. Section 5420 of Appendix B, "Zoning", of the City of Wichita Falls Code of Ordinances is amended to read as follows: "5420 Authorized Sale and Service Types and Permitted Zones There shall be five types of permitted alcoholic beverage sales and service in areas where such sales and service are permitted by law: 1. On-Premise Primary Use Sales And Service: Sales of alcoholic beverages, and service of alcoholic beverages in private clubs holding private club registration permits under the Texas Alcoholic Beverage Code, as a primary use for consumption on the premise where sold or served. Such sales and services are authorized as permitted use in the LI, RDD, and CBD zones. In the GC zone, such sales and service are authorized as permitted use except for premises which abut a SF-1 or SF-2 zoning district boundary in which case they are authorized subject to the Conditional Use approval process in Section 7200. 2. On-Premise Incidental Use Sales And Service: Sales of alcoholic beverages, and service of alcoholic beverages in private clubs holding private club registration permits under the Texas Alcoholic Beverage Code, as an incidental use for consumption on the premise where sold or served. Such sales and service are authorized as a permitted use in the LI, HI, RDD, and CBD zones. Such sales and service are authorized in the RMU, CC and LC zones subject to the Conditional Use approval process in Section 7200. In the GC zone, such sales and service are authorized as permitted use except for premises which abut a SF-1 or SF-2 zoning district boundary in which case they are authorized subject to the Conditional Use approval process in Section 7200. 3. Off-Premise Beer & Wine Sales: Sales of wines, malt liquors, and beers in unbroken original containers, to consumers for off-premise consumption. Such sales are authorized as permitted use in the GC, LI, HI, RDD, and CBD zones. Such sales are also authorized in the RMU, CC and LC zones subject to the Conditional Use approval process in Section 7200. 4. Off-Premise Package Store Sales: Sales of distilled liquors, wines, malt liquors, and beers in unbroken original containers for off-premise consumption. Such sales are authorized as permitted use in the LI, RDD, and CBD zones. Such sales are also authorized in the GC zone subject to the Conditional Use process in Section 7200. 5. Temporary Sales: Sales of alcoholic beverages not exceeding four days, for consumption on or off premises. Such sales are authorized as permitted uses the GC, LI, HI, RDD, and CBD zones. After giving due consideration to the nature of the event and its impact on the surrounding area, the City Manager or his or her designee, may authorize a Temporary Sales Permit in all other zones." PASSED AND APPROVED this the 1st day of June, 2010. �� ����� MAYOR ATTEST: t ----� ' ity Cler c