The purpose of this Chapter is to regulate permanent and temporary
outdoor sales, display, and storage, and permanent outdoor seating
uses. Regulations herein are intended 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. 1501 § 1, 2011)
The regulations and standards contained in this Chapter shall apply to the establishment and operation of any permanent and temporary outdoor sales, display, and storage, and permanent outdoor seating as defined by Section
17.100.060 (Universal Definitions) within the city.
(Ord. 1501 § 1, 2011)
The following outdoor activities shall be subject to the permit
requirements as listed below.
A. Permanent Outdoor Display and Sales. Permanent outdoor displays and sales are subject to the special regulations outlined in Section
17.80.040 (Special Standards) of this Chapter. When identified as part of the initial permit (e.g., Site Plan and Design Review, Use Permit), outdoor displays and sales shall be allowed; otherwise, administrative Zoning Conformance shall be required. These requirements are in addition to any other development standards and regulations contained elsewhere in this Zoning Ordinance and any other permits or certificates required by law.
B. Temporary
Outdoor Display and Sales
1. Temporary outdoor display and sales are permitted upon issuance of a Temporary Use Permit in accordance with Chapter
17.84 (Temporary Uses) and Section
17.10.080 (Temporary Use Permit), and shall be subject to the special regulations outlined in Section
17.80.040 (Special Standards) of this Chapter. These requirements are in addition to any other development standards and regulations contained elsewhere in this Zoning Ordinance and any other permits or certificates required by law.
2. Exempt from Permit. Garage sales shall be exempt from the requirement for a Temporary Use Permit, except for provisions in Section
17.84.050 (Exemptions).
C. Permanent Outdoor Storage. Permanent outdoor storage subject to the special regulations outlined in Section
17.80.040 (Special Standards) of this Chapter. When identified as part of the initial permit (e.g., Site Plan and Design Review, Use Permit), outdoor storage shall be allowed; otherwise, administrative Zoning Conformance shall be required. These requirements are in addition to any other development standards and regulations contained elsewhere in this Zoning Ordinance and any other permits or certificates required by law.
D. Temporary Outdoor Storage. Temporary outdoor storage shall require the issuance of a Temporary Use Permit in accordance with Chapter
17.84 (Temporary Uses) and Section
17.10.080 (Temporary Use Permit). Temporary outdoor storage shall be subject to the special regulations outlined in Section
17.80.040 (Special Standards) of this Chapter. These requirements are in addition to any other development standards and regulations contained elsewhere in this Zoning Ordinance and any other permits or certificates required by law.
1. Exempt
from Permit. The following uses and activities shall be exempt from
the requirement for a Temporary Use Permit:
a. 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).
b. Emergency facilities to accommodate emergency public health and safety needs and activities, compliant with the provisions of Chapter
17.76 (Emergency Shelters and Transitional Housing Facilities).
E. Outdoor
Sidewalk Seating
1. Permanent outdoor seating is subject to the special regulations outlined in Section
17.80.040 (Special Standards) of this Chapter. When identified as part of the initial permit (e.g., Site Plan and Design Review, Use Permit), outdoor storage shall be allowed; otherwise, administrative Zoning Conformance shall be required. These requirements are in addition to any other development standards and regulations contained elsewhere in this Zoning Ordinance and any other permits or certificates required by law. Outdoor seating shall be subject to the following required findings for approval.
2. Required
Findings for Approval of Outdoor Seating. The following findings must
be made prior to approval of permanent outdoor seating.
a. The proposed outdoor seating area does not interfere with pedestrian
mobility within designated pathways (e.g., sidewalk) or reduce the
width of pathways to an amount less than that required under the Americans
with Disabilities Act and the City-adopted Building Code;
b. The proposed outdoor seating area does not interfere with access
of public employees and utility workers to meters, fire hydrants,
or other public utilities and facilities in the right-of-way; or
c. The proposed outdoor seating area does not block or obstruct the
view of necessary authorized traffic devices.
(Ord. 1501 § 1, 2011)