Chapter 23.86
OUTDOOR SALES, DISPLAY, STORAGE, AND SEATING
Sections:
23.86.020 Permit requirements.
23.86.040 Development and operational standards for permanent outdoor uses.
23.86.010 Purpose.
The purpose of this chapter is to regulate temporary and permanent outdoor sales, display, storage, and seating. The intent of these regulations is to limit outdoor uses except for specific circumstances where conditions can be met to ensure that such outdoor uses do not obstruct pedestrian or vehicle circulation or create the unsightly appearance of unrestricted clutter. [Ord. 26-2006 §3, eff. 8-11-2006]
23.86.020 Permit requirements.
A. Temporary Outdoor Uses. Temporary outdoor uses are permitted in nonresidential zoning districts, subject to the approval of a temporary use permit in compliance with the provisions of EGMC Section 23.16.050, Temporary use permit.
B. Permanent Outdoor Sales and Display Uses. Permanent outdoor sales and displays are permitted in commercial zoning districts, subject to zoning clearance authorization by the Development Services Director in compliance with the provisions of EGMC Section 23.16.020, Zoning clearance/plan check, and with the development and operational standards in this chapter.
C. Permanent Outdoor Storage and Service Uses. Permanent outdoor storage and service is permitted as specified by use classification in the allowed use tables of Division III of this title. If not part of the original development permit for the principal use, permanent outdoor storage and service uses may be permitted in nonresidential zoning districts, subject to design review approval in compliance with EGMC Section 23.16.080, Design review. All such uses shall be consistent with development and operational standards in this chapter.
D. Permanent and Seasonal Outdoor Seating Uses. If not part of the original development permit for the principal use, outdoor seating uses shall be permitted in nonresidential zoning districts subject to zoning clearance/plan check or design review, depending on the total number of outdoor seats. Zoning clearance/plan check is required for twenty (20) or fewer seats and design review is required for twenty-one (21) or more seats. All such uses shall be consistent with the development and operational standards in this chapter. [Ord. 16-2021 §4 (Exh. B), eff. 9-10-2021; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 16-2009 §3, eff. 9-25-2009; Ord. 26-2006 §3, eff. 8-11-2006]
23.86.030 Exemptions.
The following uses are exempt from the requirements of this section as specified below and are subject to compliance with all other provisions of this title:
A. Automobile Dealerships. Outdoor use associated with automobile dealerships shall be a permitted accessory use.
B. Outdoor Storage. Building materials for use on the same parcel or building site may be stored on the parcel or building site during the time that a valid building permit is in effect for construction on the premises.
C. Outdoor Uses. Outdoor uses in residential zoning districts consistent with the provisions in EGMC Chapter 23.58 EGMC, Parking, and EGMC Chapter 23.64 EGMC, Yard Measurements and Projections. [Ord. 28-2007 §3, eff. 10-26-2007; Ord. 26-2006 §3, eff. 8-11-2006]
23.86.040 Development and operational standards for permanent outdoor uses.
A. General Development and Operational Standards. Unless otherwise exempt, the following general development and operational standards shall apply to all permanent outdoor uses:
1. Owner Authorization Required. Property owner authorization shall be required for all permanent outdoor uses.
2. Location and Required Clearance. Permanent outdoor uses shall not be located within any public right-of-way, in designated parking areas or vehicle circulation areas, or within landscape planter areas. A minimum four (4' 0") foot wide path of travel shall be provided and maintained along all pedestrian walkways from the public right-of-way and/or parking lot to all public building entrances. No outdoor use may obstruct this required pedestrian clearance in any manner, regardless of the width of the sidewalk.
3. Signs. No additional business identification or advertising signs for the outdoor use may be permitted above the maximum allowable sign area for the corresponding business. All advertising on umbrellas or canopies shall count toward the total allowable sign area for the business.
4. Hours of Operation. Except as specifically identified in subsequent sections, hours of operation for outdoor uses shall coincide with the hours of operation for the corresponding business with which the outdoor use is granted.
5. Noise. Generally, the use of mechanically produced sound, amplified sound or live music shall be permitted in conformity with the City’s noise standards.
6. Maintenance. All permanent outdoor uses shall be maintained free of garbage and other debris. Additional trash receptacles may be required for permanent outdoor uses.
B. Permanent Outdoor Sales and Displays. Unless otherwise exempt, the following development and operational standards apply to all permanent outdoor sales and display uses:
1. Associated Operations. Only those goods and materials associated with the existing on-site use may be stored, sold, or displayed.
2. Location. Permanent outdoor sales and displays shall not be located within any required yard in the corresponding zoning district on which it is located. Outdoor sales and displays shall be located in a designated area immediately abutting the associated building(s).
3. Maximum Area. Except as otherwise approved in conjunction with development permits, the area used for permanent outdoor sales and display of materials shall not exceed ten (10%) percent of the gross floor area of the corresponding commercial building.
4. Height of Displayed Materials. The outdoor display of merchandise shall not exceed a maximum height of six (6' 0") feet.
5. Screening Required. Outdoor sales areas larger than four hundred (400 ft2) square feet in size shall be enclosed with a solid fence or wall to screen views from public rights-of-way. Maximum height of enclosure shall be ten (10' 0") feet. The design of the fencing enclosure shall be compatible with the main building(s) and surrounding development.
C. Permanent Outdoor Storage. Unless otherwise exempt, the following development and operational standards apply to all permanent outdoor storage and associated service uses:
1. Location. Outdoor storage shall not be located in any required yard for the corresponding zoning district within which it is located. Outdoor storage for residential use may not be located in any front or street side yard unless entirely screened from view of an abutting street by a solid screen (e.g., fence, wall, planting hedge) with a minimum six (6' 0") foot height in compliance with this title.
2. Maximum Area. Outdoor storage areas which exceed ten (10%) percent of the total enclosed floor area for the associated use shall be approved in conjunction with the primary business or development.
3. Enclosure/Screening. Outdoor storage areas for materials other than plants shall be entirely enclosed with a solid wall or fence to ensure stored materials are not visible from the public right-of-way (street). Material storage and screening shall not exceed a maximum height of fifteen (15' 0") feet and shall be designed compatible with the primary building for the corresponding business.
4. Parking. Parking for permanent storage use shall be provided consistent with the off-street parking requirements of EGMC Chapter 23.58 EGMC, Parking.
D. Permanent and Seasonal Outdoor Seating. Unless otherwise exempt, the following development and operational standards apply to all outdoor seating for food uses, including both fixed and movable seats:
1. Location. Except as established for joint use of a multi-tenant development, tables and chairs shall be limited to the area immediately abutting the corresponding restaurant use. Any outdoor restaurant seating within fifty (50' 0") feet of any residential property shall require approval of a conditional use permit.
2. Parking. A maximum of ten (10) outdoor seats shall be permitted per food and/or drinking establishment without increasing the required parking. Additional parking shall be provided for any seating in excess of the foregoing limits at a ratio of one (1) parking space per five (5) outdoor seats. Required off-street parking shall be provided in accordance with EGMC Chapter 23.58, Parking.
3. Enclosure. An enclosure wall or fence shall be required around any outdoor seating areas with restaurant table service. Walls and fences shall not exceed a maximum height of thirty (30") inches. The wall/fence may be extended to a maximum height of six feet if the area above thirty (30") inches remains primarily open view (e.g., glass, wrought iron). Outdoor seating may be uncovered, partially covered or fully covered by means of umbrellas, awnings, or canopies. Design of enclosures shall be reviewed and approved in conjunction with the design review permit to ensure design compatibility with the corresponding building and landscape.
4. Lighting. Minimum security lighting shall be provided for all outdoor seating areas open to the public after 6:00 p.m. Decorative or accent lighting may be used; provided, that the canopy/awning lighting be directed down. Exposed neon tubing shall be prohibited.
5. Noise. All forms of speaker amplification associated with the outdoor dining shall be prohibited unless otherwise authorized in combination with a project-related conditional use permit or stand-alone minor conditional use permit.
6. Accessory Structures. Outdoor fireplaces, fountains, and other structures accessory to the outdoor seating use shall be reviewed and authorized by the designated approving authority in conjunction with the required permit.
7. Trash Collection. A minimum of one outdoor trash receptacle shall be located within twenty (20' 0") feet of the outdoor dining area. [Ord. 25-2018 §3 (Exh. A), eff. 2-8-2019; Ord. 24-2015 §11 (Exh. I), eff. 2-12-2016; Ord. 8-2011 §§36(A), (B), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]
23.86.050 Development and operational standards for temporary outdoor uses.
Repealed by Ord. 18-2012. [Ord. 28-2007 §3, eff. 10-26-2007]