Chapter 5.32
OUTDOOR SALES AND MARKETING
Sections:
5.32.040 Temporary outdoor uses exempt from provisions.
5.32.050 Property owner consent.
5.32.060 Administrative approval of permit required.
5.32.010 Purpose and intent.
The provisions contained in this chapter are intended to define and regulate temporary outdoor sales which are proposed to be sited on private and public property within the city. The purpose of this chapter is to further the goals and objectives of the city general plan and insure compatibility of land uses in the community, provide for the protection of the public health, safety and welfare, and protect the business environment of the downtown business district. The provisions of this chapter shall take precedence over any other provision of the city zoning code relating to temporary outdoor sales. (Ord. 482-94 § 2, 1994)
5.32.020 Applicability.
This chapter applies to temporary outdoor sales that are a secondary use on a parcel. Temporary outdoor sales shall be permitted within all districts of the city subject to the issuance of a permit, excepting that such uses proposed within the downtown business district (as defined by the 1990 Downtown Specific Plan) shall only be allowed if associated with a special or seasonal event. (Ord. 482-94 § 3, 1994)
5.32.030 Definitions.
The following words and phrases, when used in this chapter, shall have the meanings ascribed to them by this section:
“License” means the issuance of a business license and the payment of a business license fee as provided for by Ordinance Nos. 220, 222 and 354.
“Permit” means a city use permit granted and issued to outdoor sales operators pursuant to the provisions of this chapter.
“Residential garage sales” means any sale of used clothing, furnishings or miscellaneous items on a residential lot, not to exclude arts and crafts, for periods not exceeding forty-eight hours twice yearly.
“Seasonal or special event” means any city recognized celebration, contest, festivity or series of performances involving entertainment, whether occurring seasonal or otherwise, such as, but not limited to, Black Bart Days, Dickens Fair and the Farmer’s Market.
“Secondary use” means a use which, due to its temporary or transient nature, is subordinate to the principal permitted uses specified for the property within the zoning code, Title 18.
“Temporary outdoor sales” is defined as those outdoor business activities which sell, display, solicit or offer for sale, barter or exchange any goods, wares, merchandise or food stuff of any kind on private and public property. This definition shall apply when such use is intended to occur outside the primary structure on a developed lot or on a vacant lot. (Ord. 482-94 § 4, 1994)
5.32.040 Temporary outdoor uses exempt from provisions.
Uses which are exempt from the provisions of this chapter and considered to be a permitted use include off-street parking and loading areas, exhibits or display of goods if associated with a special or seasonal event, goods or services sold by a public service or nonprofit organization, sales of newsworthy articles, gasoline service stations, outdoor dining areas associated with a restaurant, residential garage sales not exceeding forty-eight hours twice yearly, nurseries, garden shops, utility substations and equipment installations, provided all of the aforementioned uses or displays are not sited on a public right-of-way. (Ord. 482-94 § 5, 1994)
5.32.050 Property owner consent.
The use of any site for an outdoor sales operation shall be subject to the written approval of the property owner, lessee or sublessee having legal authority. Any operator of an outdoor sales use shall submit such written approval to the city as part of the application package. (Ord. 482-94 § 6, 1994)
5.32.060 Administrative approval of permit required.
Temporary outdoor sales operations, as defined in Section 5.32.030, shall obtain a permit from the city planning director prior to operation. It is unlawful for any person to engage in the business of temporary outdoor sales without first applying for and obtaining a permit as provided for below:
A. The operator of a proposed outdoor sales operation shall file a completed temporary outdoor sales application for a permit with the city. Fees, as established by resolution of the city council, shall accompany the application.
B. The planning director shall refer any such uses to the fire, police and public works departments for review prior to any action on the permit application.
C. Administrative approval of any such use by the city planning director shall be based on the following findings:
1. The proposed use would not unreasonably impair pedestrian or vehicular access or parking in the area. The use would be limited to sales of a consumable or agricultural product.
2. The proposed use includes provision for adequate security and safety of the general public.
3. The proposed use has met the requirements of the county health department and other applicable codes.
4. The operator of the proposed use has obtained a business license from the city.
5. The proposed use would not be detrimental to the public health, safety and welfare.
6. The proposed use would involve the sales of the product from a small, self-contained and attractively designed facility. Outdoor sales facilities which involve sales form stationary motor vehicles, the use of plastic tarps or support ropes or strings and nonconforming signage are discouraged and subject the additional review by the planning commission.
7. The proposed use is the only vendor permitted on the subject parcel or, if combined with other vendors on the parcel, is part of a seasonal or special event.
D. The administrative approval of any use shall be in writing and may be conditioned to insure compliance with the above findings.
E. The determination of the planning director may be appealed to the planning commission by the applicant or an affected party within fifteen days after the date of the administrative decision. The city shall schedule the appeal for a public hearing within thirty days after the filing of the appeal. (Ord. 482-94 § 7, 1994)
5.32.070 Term of permit.
The maximum term of all temporary outdoor sales permits shall be three years beginning from the date of issuance. A permit shall only be valid for those outdoor sales which operate up to a maximum of five consecutive days, do not exceed twelve days per month, or not discontinued for a period of more than one hundred twenty days. The permit may be extended beyond the terms stated above by approval of the planning commission. (Ord. 482-94 § 8, 1994)
5.32.080 Nontransferability.
Any temporary outdoor sales permit issued pursuant to this chapter shall be nontransferable and shall be valid only for the term of issuance unless sooner terminated or revoked as provided in this chapter. (Ord. 482-94 § 9, 1994)
5.32.090 Enforcement.
The provisions of this chapter shall be enforced by the terms shown below:
A. Violations and Penalties. Vending is unlawful unless a person has been duly issued a permit in accordance with all provisions of this chapter. Any violation of the provisions of this chapter shall be an infraction. Any person found guilty of an infraction shall not be punished by imprisonment, but may be fined by a court of competent jurisdiction.
B. Revocation. Any permit issued pursuant to this ordinance may be revoked by the planning director for violation of the provisions of this chapter, the rules and regulations adopted herein, or for commission of a public offense by the permittee or his employee, relating to outdoor sales activity. The planning director shall hold a hearing prior to which the permittee shall be given notice of the violation and the hearing. The permittee shall be given the opportunity to be heard on the matter prior to a decision being made regarding revocation. (Ord. 482-94 § 10, 1994)