Chapter 5.20
COMMERCIAL OUTDOOR SALES AND DISPLAY
Sections:
5.20.020 Permanent commercial outdoor sales and displays.
5.20.030 Temporary commercial outdoor sales and displays.
5.20.040 Nonconforming commercial outdoor sales and displays.
5.20.050 Amortization of existing nonconforming commercial outdoor sales and displays.
5.20.060 Repealed.
5.20.010 Definitions.
A. “Conduct” or “conducted” shall include, but not be limited to, the sale or display for the purpose of sale, lease, exchange or purchase.
B. “Permanent commercial business” shall mean a retail or wholesale business which is housed within an enclosed building or structure and conducted on an ongoing, continual basis. As set forth in HMC 5.20.020, permanent commercial businesses may include related outdoor sales and/or displays.
C. “Sale” or “sold” shall include, but not be limited to, sale, exchange, purchase, lease or other display with the intent to sell, exchange or lease merchandise or goods.
D. “Temporary retail or wholesale commercial outdoor sales and displays” shall mean, but not be limited to, sales and displays for the purpose of sale, lease, exchange or purchase, which are not associated with an adjacent permanent commercial business and which are not conducted on an ongoing, continual basis. (Ord. 187 § 1, 1994)
5.20.020 Permanent commercial outdoor sales and displays.
All new retail and wholesale permanent commercial businesses where items are sold shall be conducted within a completely enclosed building unless otherwise provided for by the regulations of this chapter. No merchandise shall be sold, displayed or advertised within the public right-of-way. No merchandise shall be sold, displayed or advertised in such a way that it creates a public hazard or encroaches on a required building exit or pedestrian access ways. The merchandise to be sold or displayed shall be of the same type that is regularly displayed and sold as part of the primary business. All existing retail and wholesale commercial businesses which have outdoor sales and displays which do not conform with the provisions of this chapter shall be removed or altered in conformance with these regulations within a one-year period of time. New retail and wholesale permanent commercial outdoor sales and display activities may be permitted to operate outdoors within their respective zoning districts subject to the issuance of a department review permit by the planning commission. Existing retail and wholesale permanent commercial outdoor sales and display activities which conform to the provisions of this chapter may continue to operate outdoor sales and displays.
Permanent retail and wholesale commercial outdoor sales and display are permitted as follows:
A. Automobile, boat, trailer, camper, and motorcycle sales and rentals;
B. Building materials (such as lumber, concrete block, bagged cement, and other building materials typically found within building materials sales yards), supplies and small construction equipment sales and rentals;
C. Construction equipment sales and rentals;
D. Fruit and vegetable stands;
E. Horticultural nurseries;
F. Gasoline pumps, oil racks, and accessory items when located on pump islands;
G. Outdoor recreational uses (such as miniature golf courses, radio controlled hobbies, etc.);
H. The following uses may be permitted to operate outdoor displays when associated with a business which is primarily conducted within an enclosed building:
1. Florist shops;
2. Lawnmower shops; and
3. Tire shops;
I. Other activities and uses similar to those permitted uses listed above, where the outdoor sales and/or display is related to the permanent business which is primarily conducted within associated enclosed buildings. The planning commission shall make the following findings before approving any other activities of similar use:
1. The operation of the requested use at the location proposed will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare;
2. The proposed site is adequate in size and shape to accommodate the use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;
3. The proposed site is adequately served by streets or highways having sufficient width and improvement to accommodate the kind and quantity of traffic that the use will or could reasonably be expected to generate; and
4. Adequate parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternative locations as approved by the planning commission;
J. Vending machines, including weigh scales, when accessory to a business conducted within a building. (Ord. 341 § 3, 2009; Ord. 213 § 10, 1996; Ord. 187 § 2, 1994)
5.20.030 Temporary commercial outdoor sales and displays.
The following provisions shall apply to all temporary retail or wholesale commercial outdoor sales and displays:
A. Temporary retail and wholesale commercial outdoor sales and displays may be allowed subject to review by the community development director and issuance of a temporary outdoor display permit.
B. Permits will only be issued to persons or businesses holding an active business license at the time of the application for such permit. Permits may be issued to licensed nonprofit organizations operating temporary commercial outdoor sales and displays, consistent with city ordinances, with the written consent of the property owner holding an active business license.
C. Department review permits shall not be issued for temporary commercial outdoor sales and displays:
1. For the same location more than four times in any calendar year, and
2. More than once within any 30-day period, and
3. For an aggregate total greater than 14 days per calendar year.
D. No merchandise shall be sold, displayed or advertised in the public right-of-way.
E. No merchandise shall be sold or displayed in more than 10 percent of the area(s) required to meet the parking requirements.
F. No merchandise shall be sold or displayed in such a way that it creates a public hazard or encroaches on a required building exit or pedestrian access ways.
G. The sale or display of merchandise shall be restricted to those sides of the building where customer entrances are located.
H. The merchandise to be sold or displayed shall be of the same type that is regularly displayed and sold at the business location, except where the temporary sale or display is permitted for a nonprofit, political or religious organization.
I. Safe vehicle ingress and egress shall be provided at all times.
J. Merchandise shall only be displayed during the hours that the business conducted inside the building on the premises is open for business.
K. All commercial outdoor sale and display merchandise shall be removed at the close of the business and redisplayed on the following business day. (Ord. 187 § 3, 1994)
5.20.040 Nonconforming commercial outdoor sales and displays.
All existing retail and wholesale commercial businesses which have outdoor sales and displays which do not conform to these regulations shall be deemed to be nonconforming and shall be removed or altered in conformance with these regulations and HMC 5.20.020 and 5.20.050. (Ord. 187 § 4, 1994)
5.20.050 Amortization of existing nonconforming commercial outdoor sales and displays.
A. All existing retail and wholesale commercial businesses which have outdoor sales and displays which are nonconforming to the requirements of these regulations shall either be removed or made conforming at the expense of the owner. All existing commercial outdoor sales and displays shall conform to the requirements of these regulations within the period of time prescribed herein.
B. All existing nonconforming retail and wholesale commercial outdoor sales and displays shall be made conforming within one year of the effective date of the ordinance codified in this chapter. (Ord. 187 § 5, 1994)
5.20.060 General penalty.
Repealed by Ord. 370. (Ord. 187 § 7, 1994)