Loading...
Ord 03-2015 1/6/2015ORDINANCE NO. _03-2015_ Ordinance amending the Code of Ordinances, Appendix B Zoning, in several sections, to establish regulations for Outdoor Food Courts WHEREAS, the Planning and Zoning Commission has reviewed this proposal and recommends approval of these amendments to the Zoning Ordinance; and , WHEREAS, the City Council concurs with the Planning and Zoning Commission’s recommendation to amend the Zoning Ordinance . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF W ICHITA FALLS, TEXAS, THAT: 1. Outdoor Food Courts. The following sections of Appendix B, Zoning Ordinance pertaining to the establishment of Outdoor Food Courts are amended as follows: [Sec.] 2030. - Terms defined. Outdoor Food Court. An established lot or parcel of land with facilities allowing two or more mobile food establishments to be parked on the property for the purpose of vending on that property. [Sec.] 3540. - Conditional uses. The following uses are permitted in the LI Light Industrial Distr ict subject to the approval process in section 7200. Airport. Communications towers and antennas as regulated by section 5910. Community residential center. Expansion of an existing residence. Exterminating services, with on-site chemical storage. Fuel and chemical storage. Landfill. Mining and excavation. Motor vehicle salvage yard, subject to chapter 46, Environment, article V, Outdoor Storage, Wichita Falls Code of Ordinances, as amended. Outdoor Food Court. Slaughterhouse and meat packing. Stockyards. Halfway house. [Sec.] 3730. - Conditional uses. The following uses are permitted in the RDD R iver Development District subject to the approval process provided in section 7200: Outdoor entertainment and recreation. Outdoor Food Court. Personal care home. [Sec.] 3800. - Permitted uses. The following uses are permitted in the CBD Central Business District subject to the site plan review provisions of section 7100: All uses permitted in section 3470 of the GC General Commercial District. Flea market. Light manufacturing. Outdoor Food Court. Personal care home. Warehousing. [Sec.] 5925. - Outdoor food courts. Purpose. The purpose of outdoor food court regulations is to establish basic parameters for the development of a unique amenity while facilitating mobile food vendor court(s) to operate on private property and fostering an aesthetically appealing streetscape. [Sec.] 5930 - Applicability. All outdoor food courts shall be subject to t he site plan review provisions of Section 7100 of the Wichita Falls Code of Ordinances as amended. [Sec.] 5935. – Setbacks. Mobile food establishments for placement in an Outdoor Food Court shall be setback at a minimum from the lot perimeter as follows: A. CBD Central Business District: Rear setback – 5 ft. minimum Interior side setback – 5 ft. minimum Exterior side setback – 25 ft. minimum (adjacent to a thoroughfare) Front setback – 5 ft. minimum B. RDD River Development District and LI Light Industrial: Rear setback – 5 ft. minimum Interior side setback – 5 ft. minimum Exterior side setback – 25 ft. minimum (adjacent to a thoroughfare) Front setback – 25 ft. minimum [Sec.] 5940. Signs. A. One on-premise sign is permitted at the entrance to identify the Out door Food Court; it may be illuminated but shall be stationary and non -flashing. B. Each mobile food establishment may have attached signage. One temporary sandwich board sign is permitted per mobile food establishment to be displayed within 10 feet of th e establishment and within the boundaries of the Outdoor Food Court. C. All signs shall comply with the provisions outlined in Section 6700 - Sign Regulations of the Wichita Falls Code of Ordinances as amended. [Sec.] 5945. Restroom facilities. These requirements shall be subject to the provisions of Chapter 26 (Business Regulations), Article VI. Food and Food Vendors and Establishments; Division 4 – Mobile Food Vendors; Section 26 -575 – Operation Requirements and Restrictions for Outdoor Food Courts, of t he Wichita Falls Code of Ordinances as amended. [Sec.] 5950. - Water and electrical. Requirements for access to water, electrical and other utilities shall be subject to the provisions of Chapter 26 (Business Regulations), Article VI. Food and Food Vendors and Establishments; Division 4 – Mobile Food Vendors; Section 26-575 – Operation Requirements and Restrictions for Outdoor Food Courts, of the Wichita Falls Code of Ordinances as amended. [Sec.] 5955. - Hours of operation. All Outdoor Food Courts established in the CBD Central Business District shall be subject to the provisions of Section 3811 – Special Conditions of the Wichita Falls Code of Ordinances as amended. The conditional use process may mandate specified hours of operation, as indicated i n Section 7240 Conditional Approval Process. [Sec.] 5960. – Parking. A. All Outdoor Food Courts established shall be subject to the provisions of Section 6200 Off-Street Parking, Loading and Curb-Cut Regulations of the Wichita Falls Code of Ordinances as amended. B. The conditional use process may include conditions of approval for additional parking requirements. [Sec.] 5965. - Ground surfaces supporting mobile food establishments. Surfaces shall support mobile food establishment vehicles, and shall be hard - surfaced with HMAC or concrete or an alternative compacted, stabilized, crushed stone surface, no less than 4 -inches thick that is not disturbed by wind or water run-off. [Sec.] 5970. - Outdoor seating. Outdoor seating areas shall provide surfaces tha t meet ADA guidelines and be stable and slip-resistant. Surfaces shall remain unchanged by contaminants or applied force, so that when the contaminant or force is removed, the surface returns to its original condition. A firm surface resists deformation by either indentations or particles moving on its surface. A slip -resistant surface provides sufficient frictional counterforce to the forces exerted in walking to permit safe ambulation. Requirements for outdoor seating shall be subject to the provision s of Chapter 26 (Business Regulations), Article VI. Food and Food Vendors and Establishments; Division 4 – Mobile Food Vendors; Section 26-575 – Operation Requirements and Restrictions for Outdoor Food Courts, of the Wichita Falls Code of Ordinances as amended. [Sec.] 5975. - Outdoor lighting. A. All lighting shall be subject to Appendix B – Zoning, Section 4650 Lighting Requirement. B. No outdoor lighting, intended for security or other reasons, shall be permitted to produce glare or light onto adjacent resid entially zoned properties greater than 0.3 foot candles as measured at the outdoor food court property line. C. For the purpose of this provision, glare is defined as the viewing of a light source to include the bulb and any associated reflector as part of a light fixture, or the reflected viewing of a light source from an object not associated with the light source. 2. Penalty. This ordinance regulates zoning, and shall be punishable by a penalty of up to $2,000 per violation and as provided by Section 1-14 of the Wichita Falls Code of Ordinances. 3. Codification. The City Council intends the provisions of this ordinance to become a part of the Code of Ordinances of the City of Wichita Falls, and sections of this ordinance may be renumbered or relette red to accomplish such intention. Statutory and ordinance references herein may be modified as necessary. PASSED AND APPROVED this the 6th day of January, 2015. ______________________________ M A Y O R ATTEST: ____________________ City Clerk