The purpose of this chapter is to regulate 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. 2014-01 § 1; Ord. 2022-03 § 3)
The requirements of this chapter apply to any outdoor sales,
storage, display, and seating area installed as part of any existing
or proposed development.
(Ord. 2014-01 § 1)
The development standards listed below apply to all outdoor
sales, storage, display, and seating activities.
A. Location.
Outdoor activities may be located as follows:
1. Within required parking spaces or in designed vehicle drive aisles, or within required landscape planter areas only where permitted on a temporary basis through the issuance of a Administrative Use Permit, pursuant to the requirements of Section
19.14.030 (Administrative Use Permit).
2. Within
a fixed, specifically approved location that does not disrupt the
normal function of the site or its circulation and does not encroach
upon required setbacks, public rights-of-way, driveways, emergency
vehicle/fire access lanes, landscaped areas, parking spaces, pedestrian
walkways or pathways, bicycle lanes, seating, enhanced pedestrian
amenities, such as trash receptacles and drinking fountains, or any
other requirement listed in the Building Code.
3. Within
a public right-of-way (e.g., public sidewalk) or easement area with
the issuance of an encroachment permit.
B. Hours
of Operation. Except as otherwise provided, hours of operation for
outdoor activities shall be consistent with the corresponding operating
hours for the primary use.
C. Noise. Any noise generated by the outdoor activity shall be consistent with the City's noise regulations in Chapter
9.01 (Noise Amplification).
D. Signs. No additional business identification or advertising signs for the outdoor activity may be permitted above the maximum allowable sign area for the corresponding primary use as established in Chapter
19.92 (Signs).
E. Maintenance.
Outdoor activity areas shall be kept free of garbage and other debris.
F. Path
of Travel and Access. The activity shall not encroach into any required
pathway or maneuvering area as required by the Americans with Disabilities
Act (ADA) or other regulations. Fire doors, emergency exits, and other
required access shall not be blocked.
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.
(Ord. 2014-01 § 1; Ord. 2022-03 § 3)
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 Planning Director pursuant to Section
19.14.030 (Administrative Use Permit), with the exception of display and sales subject to the provisions of subsection
C (Outdoor Nursery and Building Improvement Sales).
B. 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
19.14.030 (Administrative Use Permit). The display shall not take place on public sidewalks.
C. Outdoor
Nursery and Building Improvement Sales. If the outdoor sale of nursery
and building improvement items is allowed, these items may be sold
from one exterior yard that is adjacent to the primary building and
is attractively screened from public view from any adjoining properties
and public rights-of-way by appropriate walls, fencing, and landscaping.
Plants and building improvement items shall be displayed and sold
inside the screened area only.
D. Mobile
Vendors. Mobile Vendors selling merchandise and/or food within the
Highway Scenic Corridor and Downtown Historic Overlay Districts, and
within all residential Zoning Districts within the City is prohibited,
except with the issuance of an Administrative Use Permit.
E. Maximum
Area.
1. The
area used for permanent outdoor display and sales of materials shall
not exceed 10% of the gross floor area of the corresponding commercial
building (unless authorized by a Use Permit).
2. The
aggregate display area shall not exceed 25% of the linear frontage
of the store front 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. 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.
(Ord. 2014-01 § 1; Ord. 2022-03 § 3)
The following development standards shall apply to all permanent
outdoor seating:
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. 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. 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 ADA 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. 2014-01 § 1)
The following development standards shall apply to all permanent
outdoor storage activities:
A. Location.
Outdoor storage may not be located within any required front or street
side yard for the applicable zoning district within which the activity
is located and shall not be located immediately adjacent to a Residential
Zoning District.
B. Height
Limitation. The height of stacked materials and goods shall be no
greater than that of any screening material within 100 feet of street-fronting
screens enclosing the storage area, unless specifically stated as
a development standard associated with a use.
C. Screening. All outdoor storage shall be screened from public view or approved by the Planning Commission. Screening of outdoor storage shall be consistent with Chapter
19.82 (Fences, Walls, Gates, and Screening).
(Ord. 2014-01 § 1)