Chapter 17.52
OUTDOOR SALES, STORAGE, AND SEATING
Sections:
17.52.020 Outdoor sales and display.
17.52.030 Outdoor vending machines.
17.52.010 Purpose.
The purpose of this chapter is to regulate permanent outdoor sales and display, outdoor storage, and outdoor seating uses. The intent of these regulations is to encourage outdoor displays and activities that are compatible with associated and nearby uses and do not obstruct pedestrian or vehicle circulation or create an unsightly appearance of unrestricted clutter. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.52.020 Outdoor sales and display.
A. Limited Outdoor Sales. All indoor uses shall be conducted within a completely enclosed structure. Any outdoor display and sales not specifically allowed by the use class or any other provision of this title shall be conducted only if approved by the zoning administrator pursuant to Section 17.18.080, Administrative use permit, with the exception of display and sales subject to the provisions of subsection C of this section.
B. Outdoor Nursery and Building Improvement Sales. All outdoor nursery and building improvement sales shall require a use permit and are limited to the maximum area requirements.
C. Sales and Display in Front of Buildings. Merchandise, such as sale items, shall not be displayed outside in the front of a building unless an administrative use permit has been granted pursuant to Section 17.18.080, Administrative use permit. The display shall not take place on private or public sidewalks.
D. Sales from Trucks. Selling merchandise directly from a truck is prohibited except from mobile vending truck approved pursuant to Section 17.62.140, Mobile vending, or from a truck within the area included within an approved farmers market.
E. Maximum Area.
1. The area used for permanent outdoor display and sales of materials shall not exceed ten percent of the gross floor area of the corresponding commercial building (unless authorized by a use permit).
2. The aggregate display area shall not exceed twenty-five percent of the linear frontage of the storefront or six linear feet, whichever is greater, and items may not project more than four feet from the storefront.
3. Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment) are exempt from this requirement, provided storage and display is limited to vehicles offered for sale or rental only and all other development requirements are satisfied.
F. Height Limit. Displayed outdoor sales, other than plant materials for sale (e.g., Christmas trees, nursery trees) shall not exceed a height of six feet above finished grade, unless a greater height is allowed through use permit approval.
G. Public Safety. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety, or welfare or causes a public nuisance.
H. Dust. All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent the raising of dust.
I. Signs. All signs and structures shall conform to applicable city codes. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.52.030 Outdoor vending machines.
A. Location and Placement. Outdoor vending machines may be operated only in the city’s non-residential zones consistent with all of the provisions in this section.
1. All outdoor vending machines must be ancillary to an approved primary use and may not be located on an unimproved lot.
2. All outdoor vending machines must be positioned against a building wall and not located in front of windows. This subsection shall not apply to outdoor water vending machines.
3. The outdoor vending machine shall not be located within five feet of any public entrance to a building.
4. The outdoor vending machine may not be located such that the machine or user thereof is within a public right-of-way, required landscape area, parking lot or drive aisle.
5. When an outdoor vending machine is situated within the primary ingress to and egress from the lot, a minimum walkway width of six feet shall be required in front of the outdoor vending machine. The building official shall determine whether the ingress to and egress from the lot is primary to the lot. In all other situations, a minimum walkway width of four feet is required in front of the outdoor vending machine.
6. All outdoor vending machines shall only be located on a building elevation that contains a primary entrance.
7. Reverse vending machines and kiosks for mobile phones and tablets are prohibited, whether inside or outside a business, to the extent such prohibition is not preempted by the state’s secondhand dealer laws.
B. Maximum Number. Each nonresidential business or entity is allowed up to a maximum of three outdoor vending machines based on the length of their primary building frontage as outlined in Table 17.52-A—Maximum Number of Outdoor Vending Machines. Additional vending is allowed if the content is a healthy snack fresh fruit or vegetables, low fat, organic, whole grain or juices.
|
Length (lineal feet) of Primary Building Frontage |
Maximum Number of Outdoor Vending Machines Allowed |
Healthy Snacks |
|---|---|---|
|
< 50 feet |
0 |
0 |
|
50 to 100 feet |
1 |
0 |
|
101 to 150 feet |
1 |
2 |
|
>151 feet |
1 |
3 |
C. Maintenance and Operation. Outdoor vending machines shall comply with all of the following maintenance and operational standards:
1. Outdoor vending machines shall not exceed eighty inches in height and thirty-six inches in depth and forty-two inches in width.
2. Outdoor vending machine sign panels shall be limited to the products sold within the outdoor vending machine. No additional signs or advertising can be attached to or placed on top or side of any outdoor vending machine.
3. Exterior conduit, piping or wiring must not be visible when standing directly in front of the outdoor vending machine.
4. No visible security cages are permitted on the outside of an outdoor vending machine.
5. All outdoor vending machines shall be maintained in a clean and attractive condition.
6. Any graffiti on an outdoor vending machine shall be removed within twenty-four hours. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.52.040 Outdoor storage.
A. Applicability. The provisions of this section shall apply to outdoor storage of material, including but not limited to vehicles of any kind, boats, trailers, machinery, and other equipment or material, or the component parts of such vehicles, boats, trailers, machinery, equipment, or material, where such storage would otherwise be visible from a residential district or public right-of-way. It does not apply, however, to uses classified as automotive, new car sales; automotive, used car sales; and boat and RV sales; provided such outdoor storage is solely for the purpose of displaying vehicles that are immediately available for sale, lease, or rent. It also does not apply to uses classified as automotive, parking; provided the vehicles are legally parked and are not parked overnight.
B. Screening. The storage area shall be surrounded on all sides by a substantial solid and opaque fence or wall six feet in height, unless a higher fence is required or approved by the planning commission. The wall or fence shall be kept in a clean, neat, and painted condition, free of graffiti. The design and the materials used for the fence or wall shall comply with the provision of Section 17.45.080, Screening, unless provided otherwise in this chapter. City-adopted commercial design guidelines and industrial design guidelines apply, which discuss screening of outdoor storage.
C. Location. Outdoor storage shall be confined to the rear of the main structure(s) or the rear two-thirds of the site, whichever is the more restrictive.
D. Gates. All gates for access to the premises shall swing inwardly or slide sideways. The gates shall be kept closed when not in use, except that the gate may be kept open during business hours if the interior or contents of the storage yard cannot be seen from residential areas or public streets.
E. Surface Conditions. The storage area shall be properly graded, and a layer of gravel at least one inch thick or a layer of approved asphaltic material or similar substance shall be placed over the entire surface.
F. Maintenance. The storage area shall be kept free and clear of weeds and debris of all kinds, both inside and outside the fence or wall.
G. Stacking. No items may be stacked upon other items if the effect of such stacking is that the height of the stacked items is in excess of the height of the enclosing fence or wall.
H. Location of Items. No items shall be stored closer than two horizontal feet from an enclosing fence or wall. If the storage area is adjacent to a residential property or zoning district, no items shall be stored closer than ten feet from the property line.
I. Operational Vehicles. All vehicles shall be parked or stored in an orderly manner.
J. Inoperative Motor Vehicles. Inoperative motor vehicles, recreational vehicles, and personal utility trailers, or parts of any of the foregoing, are expressly prohibited from placement, parking, storage, maintenance, and/or repair within any residential front, side, or rear yard.
K. Building materials are expressly prohibited from placement or storage within any residential yard, except building materials for use on the premises and placed or stored thereon during the time a valid construction project is under way or a valid building permit is in effect for the premises.
L. Liquids. All gasoline, oil, or other liquids shall be drained and removed from any unregistered vehicle located in the storage area.
M. Salvage Yard. No storage shall take place in such a fashion that it constitutes a junkyard, as defined in Division VI, Glossary, unless a salvage yard has been approved as a use on the parcel.
N. Vacant Parcels. No storage shall occur on any vacant parcel.
O. Temporary Storage of Building Materials. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.
P. Hazardous Materials. No hazardous materials may be stored in a location exposed to rain. Hazardous materials storage shall comply with all applicable laws and regulations. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.52.060 Outdoor seating.
The following development standards shall apply to all permanent outdoor seating in commercial districts:
A. Applicability. Outdoor seating is permitted in all zones, by right, on private property in compliance with this chapter. Seating may also be permitted on the public sidewalk and other public rights-of-way with approval of an encroachment permit from the public works department.
B. Permittee to Ensure Maintenance. The permittee shall be responsible for, and exercise reasonable care in, the inspection, maintenance, and cleanliness of the area affected by the outdoor seating, including any design requirements hereafter enacted, from the building frontage to the curb.
C. Permittee to Ensure Compliance. The permittee shall restrict the outdoor seating to the approved location and ensure compliance with all applicable laws, including laws against blocking the public right-of-way or blocking Americans with Disabilities Act-accessible paths, health and safety laws, public cleanliness laws, and laws regulating the sale and public consumption of alcohol.
D. Landscaping. Outdoor seating areas (restaurants) shall have landscaping in the form of potted plants. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)