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)