Ord 12-2017 4/4/2017PAGE 1 OF 6 PAGES
Ordinance No. __12-2017__
Ordinance amending the Code of Ordinances, Appendix B: Zoning,
Section 5925 – Outdoor Food Courts and Section 3450 – General
Commercial District (Section 3480 – Conditional Uses) establishing
regulations for Outdoor Food Courts as Conditional Uses in the
General Commercial (GC) zoning district
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 WICHITA 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:
3450. - GC – GENERAL COMMERCIAL DISTRICT
3480. - Conditional Uses.
The following uses are permitted in the GC General Commercial District subject
to the approval process provided in section 7200:
Alcoholic beverage sales, subject to the provisions of section 5400.
Automotive repair service.
Bus station.
Community residential center.
Contractor's yard.
Flea market.
Halfway house.
Kennel.
Light manufacturing.
Manufacturing homes, subject to the provisions of section 5600.
Outdoor entertainment and recreation.
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Outdoor Food Court.
Outdoor storage.
Parking facility.
Recreational vehicle park.
Warehousing facility.
5925. – OUTDOOR FOOD COURTS
5925. - Outdoor Food Courts.
A. 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.
B. Site Plan. All Outdoor Food Courts (CBD, GC, LI and RDD) shall require a
site plan subject to provisions in Section 7000 – Administrative Procedures.
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
C. GC General Commercial:
Rear setback – No minimum; in accordance with adopted Building Code
requirements
Interior side setback – No minimum; in accordance with adopted Building
Code requirements.
Exterior side setback – 25 ft. minimum (adjacent to a thoroughfare)
Front setback – 25 ft. minimum
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5940. - Signs.
A. One on-premises sign is permitted at the entrance to identify the
Outdoor 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 ten feet of the establishment an d 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.
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 the Wichita Falls Code of Ordinances
as amended.
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 Foo d Courts, of the
Wichita Falls Code of Ordinances as amended.
5955. – Hours of Operation and Location.
A. CBD Central Business District: All Outdoor Food Courts established in the
CBD 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 in Section
7240 Conditional Approval Process.
B. GC General Commercial; LI Light Industrial; RDD River Development District:
All Outdoor Food Courts established through the conditional use process in
the GC, LI and RDD Zones shall be subject to the following hours of
operation provisions based on distance setbacks from common property line
from a single-family, duplex, zero lot line residential dwelling use or zoning
district and boundary:
1) Maximum hours of operation within a 300 foot buffer area will be
5:00 a.m. to 12:00 a.m.
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2) Maximum hours of operation within a 200 foot buffer area will be
6:00 a.m. to 10:00 p.m.
3) Maximum hours of operation within a 100 foot buffer area will be
7:00 a.m. to 8:00 p.m.
The conditional use process may mandate specified hours of operation, as
indicated in Section 7240 Conditional Approval Process.
C. No mobile food truck shall operate in within 100ft of a residential use single
family, duplex, zero-lot line dwelling or Single Family 1 and 2 zoning district
boundary.
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.
5965. – Ground Surfaces Supporting Mobile Food Establishments.
Surfaces shall support mobile food establishment vehicles, and shall be hard -
surfaced with HMAC or concrete or alternative surface as approved by the
Director of Community Development.
5970. - Outdoor Seating.
A. Outdoor seating areas shall provide surfaces that 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.
B. Requirements for outdoor seating 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.
5975. - Outdoor Lighting.
A. All lighting shall be subject to Appendix B – Zoning, Section 4650 - Lighting
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Requirement.
B. No outdoor lighting, intended for security or other reasons, shall be permitted
to produce glare or light onto adjacent residentially 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.
5977. – Miscellaneous Regulations.
The following miscellaneous regulations are applicable to all zones Outdoor
Food Courts are allowed - CBD, GC, LI, and RDD:
A. Platting: Outdoor Food Courts shall be platted in accordance with the City’s
Appendix A – Subdivision and Development Regulations.
B. Fire Access: a minimum 26ft wide fire apparatus access route shall be
provided around the periphery of any Outdoor Food Court for life, health and
safety.
C. All mobile food establishments in an approved Outdoor Food Court that
cannot comply with the requirements of Chapter 26 – Article VI: Section 26-
572 – Sanitation requirements for all mobile food establishments relating to
central preparation facility requirements shall be removed from the property
overnight and serviced by an approved central preparation facility prior to the
next day of operation.
D. All mobile food establishments that remain overnight in an approved Outdoor
Food Court shall have connections compliant with current codes for
electricity, potable water and sewage disposal, or a system to adequately
provide these services to each mobile food establishment.
E. Use of generators shall not be allowed in an Outdoor Food Court, unless
for emergency.
2. 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. 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 Wichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
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4. Should any word, phrase, paragraph, section or portion of this ordinance or t he Code
of Ordinances, as amended hereby, be held to be void 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.
PASSED AND APPROVED this the 4th day of April, 2017.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk