The purpose of this chapter is to regulate permanent and temporary outdoor display, seating, and storage 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. No. 1000 § 4, 2022)
The following outdoor activities shall be subject to the permit requirements as listed below.
A. 
Permanent outdoor display and sales. If the display and sales are part of the primary use it is permitted by right, subject to the provisions of section 17.60.030(B) (Standards for outdoor display and sales). If not part of the primary use then permanent outdoor display and sales may be permitted with the issuance of a minor use permit (MUP).
B. 
Temporary outdoor display and sale. Permitted in form-based zones with the issuance of a temporary use permit (TUP) and subject to the provisions of section 17.60.030(B) (Standards for outdoor display and sales).
C. 
Permanent outdoor storage. Permanent outdoor storage is allowed in conjunction with the primary use if approved as part of the original planning entitlement request. New permanent outdoor storage requested in conjunction with an existing use or development shall require issuance of a minor use permit in accordance with chapter 17.16 (Planning Director Decisons).
D. 
Temporary outdoor storage. Temporary outdoor storage shall require the issuance of a temporary use permit pursuant to and consistent with the requirements of section 17.16.070 (Temporary use permit). The uses and activities listed below shall be exempt from the requirement for a temporary use permit.
1. 
Storage of construction materials and equipment as part of an active construction site, provided a valid building permit or improvement permit is in effect and the materials and equipment are stored on the construction site pursuant to approved permit(s).
2. 
Emergency public health and safety facilities established by a public agency.
3. 
Storage containers not associated with an approved construction project when:
a. 
Located on residential property, and not in the public right-of-way (street, sidewalk, parkway, etc.), for a maximum period of five days.
b. 
Located on nonresidential property for any length of time and provided they are screened from public view.
E. 
Outdoor dining areas. If not part of the original development permit for the principal use, outdoor seating may be permitted in all zones except for residential zones, subject to approval of a minor use permit as established in section 17.16.100 (Site development review) and any other applicable entitlements (e.g., minor design review). In all cases, permanent outdoor seating shall be consistent with the development standards of this chapter.
1. 
Required findings for approval of outdoor seating. The designated approving authority may issue a site development review approval (section 17.16.100) if the proposed outdoor seating:
a. 
Allows for a continuous pedestrian path of travel of at least four feet in width and would not obstruct fire, pedestrian, and wheelchair access.
b. 
Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way.
c. 
Allows for unobstructed view of necessary authorized traffic devices.
(Ord. No. 1000 § 4, 2022; Ord. No. 1015 § 3, 2023)
A. 
General development standards for all activities. The development standards listed below apply to all outdoor display, sales, and storage activities.
1. 
Location. Outdoor activities may be located within the public right-of-way, in required parking spaces or in designated vehicle drive aisles, or within required landscape planter areas only where permitted with the issuance of an encroachment permit, or in accordance with the requirements of a minor use permit, pursuant to the requirements of section 17.16.120 (Minor use permit) or a temporary use permit, pursuant to the requirements of section 17.16.070 (Temporary use permit). Outdoor activities shall occupy 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.
2. 
Hours of operation. Except as otherwise provided, hours of operation for outdoor activities shall be consistent with those for the corresponding primary use.
3. 
Noise. Any noise generated by the outdoor activity shall comply with the city's noise ordinance.
4. 
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 17.74 (Sign Regulations for Private Property), except when the outdoor activity is the primary use (e.g., Christmas tree lot).
5. 
Maintenance. Outdoor activity areas shall be kept free of garbage and other debris, and shall not encroach into required sidewalk clearance areas as follows: all outdoor activity areas shall leave a minimum horizontal clear space of six feet or such greater amount of clear space as the public works director finds necessary to protect and enhance pedestrian and vehicle traffic in the sidewalk area.
B. 
Standards for outdoor display and sales. The following development standards shall apply to all permanent and temporary outdoor display and sales activities:
1. 
Associated with the primary use. All outdoor display and sales activities shall be associated with the primary use of the property. Only those goods and services associated with the primary use may be stored, sold, or displayed. All outdoor display and sales activities that are independent of the primary use shall be considered their own primary use and regulated as such.
2. 
Maximum area. Unless otherwise authorized by a minor use permit, 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 or mixed-use building. 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 Code requirements are satisfied.
3. 
The aggregate display area shall not exceed 25 percent 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 store front.
4. 
No item, or any portion thereof, shall be displayed on public property; provided, however, items may be displayed within the public right-of-way if an encroachment permit has first been procured from the city.
5. 
Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business.
6. 
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; obstructs in part or in whole an emergency vehicle/fire access lane; 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.
C. 
Standards for outdoor storage. The following development standards shall apply to all permanent and temporary outdoor storage activities:
1. 
Location. Outdoor storage may not be located within any required front or street side yard for the applicable zone within which the activity is located.
2. 
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.
3. 
Screening. Screening of outdoor storage shall be consistent with chapter 17.48 (Fences, Walls, and Screening).
4. 
Parking. Parking for permanent outdoor storage shall be provided as required in chapter 17.64 (Parking and Loading Standards).
D. 
Requirements for outdoor seating. The following development standards shall apply to all permanent outdoor seating:
1. 
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.
2. 
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, health and safety laws, public cleanliness laws, and laws regulating sale and public consumption of alcohol.
3. 
Parking. When the planning director finds that the proposed additional seating would lead to new parking demand that exceeds available supply because of the amount of outdoor seating, he/she may require off-street parking for the outdoor area devoted for the outdoor seating at the rate required for interior floor area for food service establishments in the zone.
(Ord. No. 1000 § 4, 2022)