Ord 44-2016 11/1/2016
Ordinance No. _44-2016__
Ordinance amending the Code o f Ordinances, Section 94-13 Storage
of Material, Equipment, Goods, Wares or Merchandise on Streets,
Sidewalks, and Alleys; and establishing outdoor display regul ations
downtown in Appendix B - Zoning; providing for a penalty, providing
for codification; and setting an effective date .
WHEREAS, the Downtown Wichita Falls Development, Inc. (DWFD, Inc.) Board
of Directors, Planning and Zoning Commission, and staff have reviewed this proposal
and recommend 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, Appendix B – Zoning, Sections 2030, 3800, and 3810; and
Chapter 94, Article I, Section 94 -13 and establish Appendix B – Zoning, Sections 5980
– 5986 regulating outdoor display on public sidewalks.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Outdoor Display. The following sections of Chapter 94, Article I; Appendix B – Zoning,
Sections 2000, 2030, 3800, and 3810; and Sections 5980 - 5986 Code of Ordinances
pertaining to the establishment of Outdoor Display are amended as follows:
1.
“APPENDIX B - ZONING
2000. - DEFINITIONS
Sec. 2030. – Terms Defined.
Open space. Any parcel or area of land or water essentially unimproved and set aside,
dedicated, designated or reserved for public or private use or enjoyment, or for the use
and enjoyment of owners and occupants of land adjoining or neighbo ring such open
space.
Open space ratio. Total area of open space divided by the total site area in which the
open space is located.
Outdoor Display: An area on public sidewalk used for display incidental and accessory
to a primary use on the same lot an d in close proximity of the primary use building or
lease space. Outdoor display areas shall abut and be contiguous or align in -front of
the primary use selling such merchandise. An encroachment agreement is required for
outdoor display on public sidewal ks (See sections 3980-3986).
Outdoor entertainment and recreation. Recreational uses conducted in open or partially
enclosed or screened facilities. Typical uses include driving ranges, miniature golf
courses, golf courses, swimming pools, tennis courts, a nd outdoor racquetball courts.
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.
3780. - CBD—CENTRAL BUSINESS DISTRICT
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 display.
Outdoor food court.
Personal care home.
Warehousing.
Sec. 3810. - Development regulations.
Each site in a CBD Central Business District shall be subject to the following
development regulations:
1. Lot area [and] width: No minimum.
2. Setbacks: As required by chapter 22, Buildings and Building Regulations, of the
Wichita Falls Code of Ordinances, as amended.
3. Height: No maximum.
4. Building coverage: No maximum.
Note— See section 4600 for buffering requirements. See Sections 5980-5986 for
outdoor display requirements.
5000. – SUPPLEMENTAL USE REGULATIONS
Sec. 5980. – Outdoor Display
Purpose. The purpose is to allow economic opportunities for a business to sell
merchandise in designated outdoor display areas on public sidewalks while maintaining
safe, attractive, and clear public pedestrian access in the Central Business District
(CBD).
Sec. 5981. – Applicability.
Outdoor display shall be limited to public sidewalks in the Centr al Business District
(CBD) zoning district.
Sec. 5982. - Definitions.
Encroachment Agreement: An agreement between a property tenant and City of
Wichita Falls allowing outdoor display on public sidewalks. Written permission from
the property owner to the city allowing leasing or use of tenant space of buildings along
public sidewalks for outdoor display is required.
Hardscape: A non-living component of a streetscape such as benches, or planters in
the outdoor display area. Any benches used must be in good condition, and be
functional for the purpose that are intended . All planters must contain real or artificial
plants at all times.
Off-Premise Sign: A sign on sidewalks displa ying advertisement for a business and in
an outdoor display area. An off -premise sign is an “A” frame (or sandwich board) sign
with a maximum height of 4 feet. The off -premise sign in this section only applies to
outdoor display.
Outdoor Display: An area on public sidewalk used for display incidental and accessory
to a primary use on the same lot and in close proximity of the primary use building or
lease space. Outdoor display areas shall abut and be contiguous or align in -front of
the primary use sell ing such merchandise. An encroachment agreement is required for
outdoor display on public sidewalks.
Primary use: As defined in Appendix B Zoning, Sec. 2030 Terms Defined.
Sec. 5984. Encroachment Agreement.
(a.) An encroachment agreement between the propert y tenant/owner and city shall
be required for any outdoor display areas on public sidewalks in the Central
Business District (CBD) zoning district. The encroachment agreement and fee
shall be set by the City of Wichita Falls adopted Fee Schedule, and as a mended
and as regulated in Appendix A, Section 6.13.
Sec. 5986. Minimum Requirements for Outdoor Display Areas.
Outdoor display areas and pedestrian access area:
(a.) Outdoor display areas shall be limited to sidewalks in the Central Business
District (CBD) zoning district.
(b.) All outdoor display shall be an accessory use to the primary use of a store or
business.
(c.) A continuous pedestrian access clearance of not less than 5 -feet shall be
maintained on sidewalks between the primary use building and back of curb
(See Figure A). No outdoor display areas shall block nor impair pedestrians
from using or accessing sidewalks.
(d.) No articles, merchandise, displays, hardscape, signs, wires or cords shall locate
in the designated 5-foot pedestrian access clearance area.
(e.) All articles, merchandise, displays, hardscape, and signs shall be removed by
the owner or tenant should there be any public improvements or maintenance
needed to infrastructure in the outdoor display area.
(f.) No permanent lighting shall be utili zed as part of the outdoor display.
(g.) No fencing is allowed in outdoor display areas or sidewalks.
(h.) No coverings including carpet or other flooring are allowed on sidewalks.
(i.) Raised decks, platforms, or other such surfaces are not permitted on sidewalks.
(j.) Outdoor merchandise and display fixtures shall not be bolted or permanently
fixed onto the ground or sidewalk, fastened to street lights, utility poles, or trees.
(k.) No outdoor display areas shall block any entrances or exits of buildi ngs or fire
connections.
(l.) All driveways, or fire lanes shall be free and clear of outdoor display.
(m.) There shall be no outdoo r display in the visibility sight triangle. Sight visibility
shall be maintained at intersections where there is pedestrian access and
driveways or streets as required in Section 102-39 of the Code of Ordinances.
(n.) All items in the outdoor display area, with the exception of hardscape, must be
removed at the close of business.
Figure A is an example for illustration purposes only
2.
Chapter 94 - Streets, Sidewalks, and Other Public Places
Article I. - In General
Sec. 94-13. - Storage of material, equipment, goods, wares or merchandise on
streets, sidewalks and alleys.
It shall be unlawful for any person to store or cause to be stored any building material,
equipment, tools, vending machines, popcorn poppers, goods, wares, merchandise, or
item of any kind or character upon any street, alley or sidewalk within the city without
the consent of the city council, except as authorized by Appendix A - Subdivision and
Development Regulations, Section 6.13 and Appendix B - Zoning, Sections 5980 -
5986.”
3.
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.
4.
It is the intention of the City Council of the City of Wichita Falls, Texas, that the
provisions of this ordinance shall become a part of the Code of Ordinances of the City
of W ichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
5.
Should any word, phrase, paragraph, section or portion of this ordinance or the Code of
Ordinances, as amended hereby, be held to be v oid or unconstitutional, the same shall
not affect the validity of the remaining portions of said ordinance or the Code of
Ordinances, as amended hereby, which shall remain in full force and effect.
This ordinance shall become effective January 1, 2017.
PASSED AND APPROVED this the 1st of November, 2016.
___________________________
M A Y O R
ATTEST:
____________________
City Clerk
Affidavit of Publication
THE STATE OF TEXAS #1343092
COUNTY OF WICHITA
On this 2"d day of November, 2016 AD...
-sonally appeared before me, the undersigned authority
thy Salan, Sales Assistant for the Times Publishing
mpany of Wichita Falls, publishers of the Wichita Falls
nes/Record News, a newspaper published at Wichita Falls in
chita County, Texas, and of general circulation in said
inty, and upon being duly sworn by me, on oath states that
attached advertisement is a true and correct copy of
vertising published in 1 day (1) issues hereof on the
lowing date:
November 2, 2016
Assistant for Times Publipfing Company of Wichita Falls
and sworn to before me this the day and year first above written:
yam
t�iWvugt
BARBARA FOSTER
Notary ID # 130516155
My Commission Expires
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