The intent of this chapter is to provide for incidental outdoor
uses connected to and operated in conjunction with permanent commercial
uses located inside adjacent buildings, provided that such uses complement
existing storefronts and do not require the construction of new doorways
or other significant exterior changes to existing commercial buildings
or pavement, and are compatible with and have no adverse effect on
surrounding development. Creativity in the design of outdoor uses
is encouraged and the quality, character and design of all items placed
outside should contribute in a positive way to the visual appearance
of the community.
The provisions of this chapter are applicable to outdoor uses
located on or adjacent to public sidewalks as well as privately owned
walkways in shopping centers and pedestrian arcades.
(08-05)
Notwithstanding any other provisions of Chapters
16.051 through
16.097, the following incidental outdoor uses may be permitted in all Commercial Districts subject to the provisions of this chapter:
A. Incidental
outdoor displays.
(08-05)
All outdoor uses permitted by this chapter shall be subject
to the following standards:
A. A
minimum two-foot clear space shall be maintained from the edge of
the street curb or parking area.
B. A
minimum five-foot wide continuous path, not including the required
two-foot clear space from street curb or parking area, shall be maintained
for pedestrian traffic. Such path shall have a vertical clearance
of not less than eight feet above the surface of the path. For a sidewalk
sale, the width of the path may be reduced to four feet with the approval
of staff.
C. All
outdoor use areas shall be continuously supervised by management or
employees of the business to which they are connected to ensure required
pathways are kept clear.
D. All
outside use areas shall be maintained in a clean and safe manner.
E. All
items placed outside shall be maintained in good repair, and no item
may be hazardous to pedestrian or vehicular traffic, or extend into
the safe line-of-sight distances at intersections, as determined by
the City Engineer.
F. All
entrances and emergency exits shall be kept clear.
G. No
items may be placed on turf or other planted areas.
H. Outdoor
uses shall not extend beyond the boundaries of a business' street
frontage.
I. No
item placed outside shall have a vertical height of more than six
feet above the surface of the sidewalk, except as specifically approved
by staff.
J. All
items placed outside shall be removed each evening, unless otherwise
approved by staff.
K. All
signing must comply with Title 18 of this Code.
L. If
an outdoor use is to be located on private property, the business
owner shall obtain prior authorization from the owner or management
company of such property.
M. If
an outdoor use is to be located within the public right-of-way, the
business owner shall first obtain an encroachment permit from the
City Engineer, and provide the City with a certificate of insurance
of general commercial liability insurance for an amount as required
by the Director, naming the City as an additional insured. Such insurance
shall be placed with a company satisfactory to the Director.
N. No
services shall be provided outdoors in conjunction with any outdoor
use, except for table service of food in conjunction with approved
outdoor seating.
O. No
outdoor storage shall be permitted in conjunction with any outdoor
use.
(08-05)
All outdoor displays shall be subject to the above general standards
and the following additional standards:
A. Displays of more than six square feet require approval of a special outdoor use permit pursuant to Chapter
16.330.
B. Display
items are limited to merchandise sold by the business or decorative
items which are related to or complement the goods and services sold
or provided by the business.
C. All
items shall be placed adjacent to the building. The placement of items
on private property is encouraged. If displays extend into the public
right-of-way, they shall not encroach into the right-of-way more than
24 inches.
D. No
display may significantly obstruct the view of any display window.
E. All
sales transactions shall occur inside the building to which the outdoor
use is appurtenant.
F. Outdoor
displays shall not require additional parking beyond that which is
otherwise required for the permanent use.
(08-05)
All outdoor seating shall be subject to the above general standards
and the following additional standards:
A. Incidental outdoor seating may be permitted in connection with a permitted business or in a common area of a shopping center or pedestrian arcade subject to the standards of this section. All outdoor seating shall require a special outdoor use permit approved pursuant to Chapter
16.330 or a conditional use permit approved pursuant to Chapter
16.303. Outdoor seating may include tables if provided in connection with a retail food or restaurant business.
B. With
a special outdoor use permit, a business may only have more than a
single row of tables parallel to the building frontage if there is
adequate space and the proposed seating plans have been approved by
the Community Development Director or his/her/their designee. Approved
seating areas may not be separated from the public right-of-way or
pedestrian walkway by a fence, wall or other structure, except if
seating is located in a common open area of a shopping center or pedestrian
mall.
C. With
a conditional use permit, a business may have a private patio dining
area separated from the public right-of-way or pedestrian walkway
by a fence, wall or other structure.
D. All
tables and chairs shall be of sturdy construction, made of good quality
materials, and designed to complement the character of the streetscape.
E. No
parking shall be required for outdoor seating subject to the following
restrictions:
1. If the outdoor seating is connected to a retail food business, outdoor
seating shall be for no more than 12 persons;
2. If the outdoor seating is connected to a restaurant which has an
indoor dining area, the outdoor seating shall be for no more than
20 persons. However, before approving outdoor seating for more than
10 persons, the City may conduct a parking review. As part of the
parking review, the City may require the business to provide a plan
for employee parking; or
3. If outdoor seating is in a common area of a shopping center or pedestrian
mall, the outdoor seating is for general use and is not restricted
to a single business, and the City determines that the proposed seating
will not adversely impact parking for surrounding development, the
outdoor seating shall be limited as determined appropriate by staff.
All outdoor seating which exceeds that as specified above or
which otherwise does not meet the above restrictions shall be subject
to standard parking requirements.
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(08-05; 12-01; 23-04)
All sidewalk sales shall be subject to the general standards
for incidental outdoor uses and the following additional standards:
A. A
sidewalk sale shall be conducted only by the business(es) located
within the building which fronts the right-of-way or property where
such sale is to be located.
B. A
retail business is permitted up to 12 sidewalk sale days per year
provided the sale events comply with all applicable standards. The
12 sale days may be consecutive or spread throughout the calendar
year.
C. The
City may prohibit sales at certain times. At least 10 days prior to
having a sidewalk sale, or before advertising for a sidewalk sale,
a business owner shall obtain approval of date(s) from staff. The
City may prohibit a sale event at certain times to prevent a conflict
with community events, filming, street or sidewalk repairs, utility
repairs, other special events, or an excessive number of sidewalk
sales in very close proximity to each other on the same dates.
D. No sidewalk sale permitted pursuant to this chapter shall extend into any parking area, except if the sale occurs before 8:00 a.m. or after 6:00 p.m., and if staff determines that the use of the parking area is necessary for the sale to occur and the event will not impact other businesses or City operations. (The use of a parking area after 8:00 a.m. and before 6:00 p.m. shall require a special use and development permit pursuant to Chapter
16.306 or a special event permit pursuant to Chapter
12.42, as applicable.)
E. Sidewalk
sales shall not be subject to parking requirements.
(08-05)
All violations of this chapter are punishable as provided in Chapter
16.406, Violations and Enforcement.
(08-05)