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)
A. 
General Development Standards. The following development standards apply to all permanent and temporary outdoor display, sales, and storage activities, and all permanent outdoor seating:
1. 
Location. Outdoor activities shall not be located within any public right-of-way (unless an Encroachment Permit has been issued), in required parking spaces or within designed vehicle drive aisles, or within required landscape planter areas. Outdoor activities may also not disrupt or impede pedestrian paths (pathways that meet the Americans with Disabilities Act (ADA) sidewalk width requirements of 4 feet) and enhanced pedestrian paths (pathways that exceed the ADA sidewalk width requirement and include amenities (e.g., seating, trash receptacles, and drinking fountains) or any additional requirements as listed in the Uniform 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 be consistent 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 17.54 (Signs on 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.
6. 
Sidewalk Clearance. All outdoor activity areas shall leave a minimum horizontal clear space of 6 feet, or such greater amount of clear space as the Public Works Division finds necessary to protect and enhance pedestrian and vehicle traffic for public use in the sidewalk area, as that space is determined by the City Engineer or his/her designee.
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 (e.g., seasonal sales as a temporary use requiring a Temporary Use Permit).
2. 
Maximum Area. Unless otherwise approved in conjunction with development permits, 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 building. Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment) are exempt from this limitation, provided storage and display is limited to vehicles offered for sale or rental only.
3. 
Parking. Parking for permanent outdoor display and sales shall be provided as required for the primary use in Chapter 17.52 (Parking).
4. 
Time Limit for Temporary Activities. See the provisions of Chapter 17.84 (Temporary Uses) for duration and permit requirements for temporary promotional sales.
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 underlying Zoning District within which the activity is located.
2. 
Height Limitation. The height of stacked materials and goods shall be no greater than that of any building, wall, fence, or gate 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 Section 17.46.070 (Special Fence and Wall Requirements).
4. 
Parking. Parking for permanent outdoor storage shall be provided as required in Chapter 17.52 (Parking).
D. 
Standards for Outdoor Seating. The following development standards shall apply to all permanent outdoor seating:
1. 
Outdoor seating areas shall not extend into a continuous through pedestrian zone of less than 6 feet in width and shall not obstruct pedestrian and wheelchair access.
2. 
Permit Posted. A permit approving the outdoor seating, or a copy thereof, shall be posted in plain view within the establishment for which the permit has been issued.
3. 
Any authorized outdoor seating shall be subject to additional taxes, permits, or fees as required by law.
4. 
Permittee's Liability. The permittee explicitly agrees to hold the City, its officers, and employees harmless from any liability, claims, suits, or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittee's installation, operation, maintenance, or removal of outdoor seating.
5. 
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.
6. 
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.
7. 
If conflict exists or is created between City improvements and outdoor seating areas. When any outdoor seating area is found to be in conflict with existing or proposed facilities or improvements owned, maintained, or operated by the City, or any existing or proposed City design plans, the seating shall, upon written demand of the City Manager or his or her designee, be removed or relocated in such a way as to eliminate the conflict. The removal or relocation shall be at the sole expense of the permittee. Should the permittee fail to comply with the written demand within a reasonable period of time, the City may cause such relocation of the seating area at the expense of the permittee. Any such noncompliance shall also be a violation of this Title.
8. 
Parking. When the Community Development Director finds that the proposed additional seating would lead to new parking demand that exceeds available supply because of the amount of outdoor seating, the Community Development Director 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.
(Ord. 1501 § 1, 2011)