Ord 34-2015 8/4/2015Ordinance No. _34-2015__
Ordinance amending the Code of Ordinances, Chapter 46, Article VI,
to establish regulations for outdoor seating and dining; providing for
a penalty, providing for codification; and setting an effective date
WHEREAS, the city staff has reviewed this proposal and recommends approval
of these amendments to the Code of Ordinances; and,
WHEREAS, the City Council concurs with city staff’s recommendation to amend
the Code of Ordinances, Chapter 46, establishing Article VI .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Outdoor Dining. The following sections of Chapter 46, Article VI, Code of
Ordinances pertaining to the establishment of Outdoor Dining are amended as follows:
Chapter 46 - ENVIRONMENT
ARTICLE VI. - OUTDOOR DINING
Sec. 46-250. – Purpose.
The purpose is to encourage outdoor dining on public sidewalks Downtown. The
standards establish outdoor dining areas, identify clear safe pedestrian access on
sidewalks, and require an encroachment agreement between a tenant and the City.
Other outdoor dining area appurtenances including the location of seating, tables,
barriers, signs, awnings, canopies, and umbrellas are also regulated.
Sec. 46-251. – Definitions.
Downtown: Areas zoned Central Business District (CBD). Areas outside, but in close
proximity to the Central Business District (CBD) may be considered by the Director of
Community Development or designee.
Encroachment Agreement: An agreement between a property owner and tenant with
the City of Wichita Falls to use or place items on public right -of-way.
Outdoor Dining Area: The use of an area of public sidewalk for the purpose of
extending the seating space of businesses whose main function is the provision of foo d
or beverages. An outdoor dining area shall abut and be contiguous to such business
and may contain removable tables, chairs, plants, and related appurtenances.
Off-Premise Menu Sign: A sign displaying a menu for a business utilizing and in an
outdoor dining area. An off-premise menu sign is: 1) An “A” frame (or sandwich board)
sign with a maximum area of 6 square feet per side; or 2) a menu in a display case
(maximum size of 4 square feet) on a pedestal or stand not more than 50 inches in
height.
Sec. 46-252. – Encroachment Agreement and Site Plan.
Encroachment agreement and site plan required for approval:
(a.) Encroachment agreement –
(1.) An encroachment agreement between the tenant and city shall be required
for an outdoor dining area on public sidewalks downtown. The one-time
encroachment fee shall be $250.
(2.) The agreement is not transferrable. An encroachment agreement may be
revoked at any time should there be a violation.
(b.) Site Plan.
(1.) A site plan review is required, as specified in section 7100.
(2.) A scaled site plan showing dimensions and measurements of sidewalks and
outdoor dining area including seating, tables, fencing, canopies, awnings,
umbrellas, planters, off-premise menu sign or other appurtenances. Site
plans shall also show the location of all uti lities.
(3.) Any future additions or alterations to the approved site plan shall be subject
to review and inspection by Community Development.
(4.) All site plans need approval prior to the encroachment agreement.
(5.) Outdoor dining areas in public right -of-way in designated historic districts or
landmarks are subject to review and approval by the Landmark Commission.
Sec. 46-253 - Minimum Requirements for Outdoor Dining Areas.
Outdoor Dining Area and Pedestrian Access Clearance area:
(a.) A minimum pedestrian access clearan ce of 5-feet shall be maintained between
the face of the outdoor seating enclosure and back of curb (See Figure A).
(b.) No outdoor dining areas, articles, signs, materials, merchandise, or wires or
cords shall locate in the designated 5 -foot pedestrian access clearance area.
(c.) All ingress/egress into and out of a building and fenced area shall maintain
sufficient clearance, consistent with building and fire codes.
(d.) No trash enclosures or refuse storage is allowed or on the public sidewalk in the
outdoor dining area. All trash and rubbish shall be promptly removed from the
encroached area.
(e.) All articles, not limited to tables, chairs, canopies/awnings/umbrellas shall be
removable should there be any public improvements or maintenance needed to
infrastructure in the outdoor seating area.
(f.) The city shall not be liable for any damages or removal of articles due to such
improvements or maintenance on the sidewalk within an easement or right -of-
way.
(g.) Outdoor dining areas are subject to the city’s smoking ordinance.
Sec. 46-254 – Fencing.
Fencing is meant to identify the section provided for tables, chairs and umbrellas, for
use as outdoor dining areas.
(a.) A minimum 36-inch, maximum 48-inch, tall weather resistant wrought iron,
aluminum or metal fence is required around the designated dining area and
anchored to the sidewalk as shown in Figure A.
(b.) Fence must be secured to the sidewalk and remain easily removable.
Sec. 46-255 - Canopies and Awnings.
(a.) Canopy – (Figures B and C)
(1.) A canopy shall maintain a minimum 8 -feet of vertical clearance.
(2.) No support poles allowed in or over the right-of-way except structural
columns that support cantilevered canopies shall be located within 6” of the
building exterior.
(b.) Retractable Awning – (Figure D)
(1.) Retractable type awnings shall not projec t beyond the fence into the sidewalk
clear area.
(2.) No support poles are allowed in or over the right away.
(3.) All portions of any awning shall be a minimum of 8 feet above the ground.
(c.) The area between the top of the fence and the bottom of any awning or canop y
shall remain open. No transparent barriers (such as Plexiglas or plastic) are
permitted between the top of the fence and the bottom of the awning.
(d.) All canopies and awnings shall be of UL rated non -combustible
material/construction.
(e.) Canopies and awnings must be free of advertisements and contained within the
outdoor dining area.
(f.) Commercial style canopies or retractable awnings shall be designed specifically
for commercial outdoor use that can handle extreme environmental conditions.
Sec. 46-256 - Outdoor Umbrellas – (Figure E)
(a.) All parts of any umbrella, including the fabric and supporting ribs, must be
contained entirely within the outdoor dining area.
(b.) Umbrellas must be free of advertisements.
(c.) Market style umbrellas, designed specifically for patio or ou tdoor restaurant use
are required.
(d.) Umbrellas are to maintain a minimum height clearance of 8 feet.
Sec. 46-257 – Signage.
(a.) No signs allowed on sidewalks except one off premise menu sign. No signs shall
encroach into the 5-foot sidewalk clearance area. Signs shall be removed from
sidewalks at the close of business.
(b.) No signs shall be allowed on fences or hanging from any other objects on or over
the 5-foot clearance area on sidewalks, unless required by state law.
(c.) Signs on awnings or canopies may have the bu siness name only in lieu of a wall,
ground or pole sign and in conformance with the city’s sign ordinance (Section
6700).
Sec. 46-258 – Lighting.
(a.) Lighting shall be low voltage (25 Volts or less).
(b.) Lighting fixtures, if provided shall meet the nuisance lig hting ordinance.
(c.) The applicant must obtain an electrical permit for a lighting plan from the City's
Building Inspection Division.
(d.) No permanent lighting shall be affixed to coverings including but not limited to
canopies, awnings, or umbrellas.
(e.) All lighting must be removable.
Sec. 46-259 - Outdoor Heaters.
(a.) Heating units shall have a UL or AGA listing.
(b.) Heating units shall not be installed over or near exits from the building. Units
shall maintain the required clearances from combustible materials.
Sec. 46-260 Setback from Neighboring Businesses.
(a.) Set back to neighboring Businesses - Neighboring businesses must remain
visible to pedestrians and motorists alike. Restaurants need to be mindful of
adjoining businesses when using outdoor dining areas, making s ure that
neighboring businesses remain visible to pedestrians and motorists.
Sec. 46-261 Prohibitions.
(a.) Prohibited Fencing: No fabric inserts, chain link fencing, chicken wire or cyclone
fencing. No banners or advertising allowed on fencing.
(b.) Prohibited sidewalk coverings include carpet or other flooring material
constructed of fabric, canvas, wool, tile, linoleum, nylon, vinyl, or any covering
that is intended to resemble turf.
(c.) Platforms: Raised decks, platforms, or other such surfaces are not permitted
within outdoor dining areas.
(d.)
Figure A
Figure B
Figure C
Figure D
2. Penalty. This ordinance regulates zoning, and shall be punisha ble by a
penalty of up to $500 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 relettered to accomplish such intention. Statutory
and ordinance references here in may be modified as necessary.
4. Effective Date. This ordinance becomes effective September 3, 2015.
PASSED AND APPROVED this the 4th day of August, 2015.
______________________________
M A Y O R
ATTEST:
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City Clerk
Figure E