Chapter 18.72
OUTDOOR SALES, STORAGE AND SEATING
Sections:
18.72.030 Permit requirements and exemptions.
18.72.040 General standards for all activities.
18.72.060 Outdoor storage and parking.
18.72.070 Extended storage and parking.
18.72.080 Outdoor sales and display.
18.72.010 Purpose.
The purpose of this chapter is to regulate permanent outdoor sales, storage, display, and seating 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. 738 § 1 (Exh. A) (part), 2013).
18.72.020 Applicability.
The requirements of this chapter apply to any outdoor sales, storage, display, and seating area installed as part of any existing or proposed development. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.72.030 Permit requirements and exemptions.
The following outdoor activities shall be subject to the permit requirements listed herein.
A. Permanent Outdoor Display and Sales. Permanent outdoor displays and sales are permitted (consistent with the allowed use provisions of the underlying zoning district), subject to zoning clearance/plan check, when all related activities are developed and operated consistent with the standards of this chapter.
B. Permanent Outdoor Storage. Permanent outdoor storage is permitted as a specified land use (storage yards) in the allowed use tables of Division III (Zoning Districts). If not part of the original development permit for the principal use, permanent outdoor storage may be permitted in all commercial and industrial zoning districts subject to design review approval. In all cases, permanent outdoor storage shall be consistent with the development standards of this chapter.
C. Outdoor Dining Areas. Outdoor seating may be permitted in all zoning districts except for residential zoning districts, subject to administrative review as established in Section 18.16.050 (Administrative use review) and any other applicable entitlements. The following provisions apply:
1. Seating areas shall not unduly interfere with pedestrian traffic and a continuous pedestrian path of travel of at least four feet in width shall be provided with no obstruction of fire, pedestrian, and wheelchair access.
a. 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.
b. Allows for unobstructed view of necessary authorized traffic devices.
c. Provisions of alcoholic beverage control (ABC) shall apply when the consumption of alcohol is involved (e.g., fencing, gates, etc.). (Ord. 738 § 1 (Exh. A) (part), 2013).
18.72.040 General standards for all activities.
The development standards listed below apply to all outdoor sales, storage, display, and seating activities.
A. Location. Outdoor activities may be located as follows:
1. Within required parking spaces or in designed vehicle drive aisles, or within required landscape planter areas only where permitted by administrative review, pursuant to the requirements of Section 18.16.050 (Administrative use review).
2. Within 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.
3. Within a public right-of-way (e.g., public sidewalk) or easement area with the issuance of an encroachment permit.
B. Hours of Operation. Except as otherwise provided, hours of operation for outdoor activities shall be consistent with the corresponding operating hours for the primary use.
C. Noise. Any noise generated by the outdoor activity shall be consistent with the city’s noise ordinance, Chapter 6.44, Noise Control.
D. 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 18.82 (Signs).
E. Maintenance. Outdoor activity areas shall be kept free of garbage and other debris.
F. Path of Travel and Access. The activity shall not encroach into any required pathway or maneuvering area as required by the Americans with Disabilities Act (ADA) or other regulations. Fire doors, emergency exits, and other required access shall not be blocked. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.72.050 Outdoor seating.
The following development standards shall apply to all permanent outdoor seating:
A. Applicability. Outdoor seating is permitted in the downtown core district, by right, and may be permitted in other commercial zoning districts through the administrative review (AR) process.
B. 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.
C. 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. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.72.060 Outdoor storage and parking.
The following development standards shall apply to all permanent outdoor storage activities:
A. Outdoor storage is prohibited in the following districts: West Patterson industrial business park and West Patterson light industrial.
B. Location. Outdoor storage may not be located within any required front or street side yard for the applicable zoning district within which the activity is located and shall not be located immediately adjacent to a residential zoning district.
C. Height Limitation. The height of stacked materials and goods shall be no greater than that of any screening material within one hundred feet of street-fronting screens enclosing the storage area, unless specifically stated as a development standard associated with a use.
D. Screening. All outdoor storage shall be screened from public view and approved by the planning commission. Screening of outdoor storage shall be consistent with Chapter 18.70 (Fences, Walls, and Screening).
E. Parking. Parking for permanent outdoor storage shall be provided as required in Chapter 18.76 (Parking and Loading). (Ord. 738 § 1 (Exh. A) (part), 2013).
18.72.070 Extended storage and parking.
A. Recreational vehicles, personal travel trailers, and personal utility trailers are permitted to be placed, parked, stored, and maintained within residential zones within the city, subject to the following:
1. Permitted inside an enclosed accessory structure or carport that conforms to the zoning requirements of the particular residential zone in which it is located.
2. Permitted within the interior side and/or rear yard; provided, that such yards are effectively screened by a solid six-foot-high wooden fence, provided the unit does not block the only openable window or door of a room used for human habitation; and provided, that access be provided from an existing or newly constructed curb-cut and driveway.
3. The number of vehicles and/or trailers is limited, as follows:
a. One; or
b. Two, when both are placed, parked, and/or stored within interior side and/or rear yards.
4. Permitted within the front yard only when:
a. No space is available within the interior side and/or rear yard; or
b. No reasonable access is available to either the side or rear yard (a corner lot is always deemed to have reasonable access to the rear yard and a fence is not necessarily deemed to prevent reasonable access); and
c. Interior side and/or rear yard placement, parking, and/or storage is not possible anywhere on the property.
5. Landscape features, such as decorative paving, lawns, flower beds, shrubs, and small trees, shall not constitute a lack of adequate space within, or reasonable access to, interior side and/or rear yards. Large, mature trees and existing accessory structures, such as swimming pools, spas, air conditioner units, etc., which may limit space and/or obstruct access, shall be evaluated on a case-by-case basis.
6. Placement, parking, and/or storage shall take place upon a concrete pad designed and installed for such intended use, or upon an existing driveway, with access from an existing or newly constructed curb-cut (subject to encroachment permit requirements per Chapter 12.20).
7. To maintain open space within required residential front yards, as intended by this title and by adopted residential design guidelines, newly constructed concrete pads, installed for the intended use of placing, parking, and/or storing a recreational vehicle or personal trailer, shall not be placed in front of a window or doorway of any room used for human habitation, nor obstruct significant views from an adjacent property.
8. No part of the recreational vehicle or personal utility trailer shall extend over the public sidewalk or public right-of-way, or block corner visibility for pedestrians or motorists.
9. Recreational vehicles and personal utility trailers shall be properly maintained and fully operational, and must be currently registered with the Department of Motor Vehicles.
10. Recreational vehicles and personal utility trailers shall be owned by the resident on whose property the recreational vehicle or personal utility trailer is placed, parked, and/or stored, or by written permission of the property owner.
11. Inoperative motor vehicles, recreational vehicles, and personal utility trailers, or parts of any of the foregoing, are expressly prohibited from placement, parking, storage, maintenance, and/or repair within any residential front, side, or rear yard.
12. No operational or inoperative motor vehicle, recreational vehicle, or personal utility trailer shall be placed, parked, or stored within landscape areas, or directly upon the ground, within any residential district.
13. All new development of residential units within the city shall be encouraged to provide side yard access for the placement, parking, and/or storage of recreational vehicles where feasible within the new development.
B. Building materials are expressly prohibited from placement or storage within any residential yard, except building materials for use on the premises and placed or stored thereon during the time a valid construction project is under way or a valid building permit is in effect for the premises. (Ord. 738 § 1 (Exh. A) (part), 2013).
18.72.080 Outdoor sales and display.
The following development standards shall apply to all permanent outdoor display and sales activities, which in the opinion of the planning director are similar to the uses listed in this section.
A. Associated with the Primary Use. All outdoor display and sales activities shall be associated with the primary use of the property and conducted by a business located within a building on 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.
B. Maximum Area.
1. 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 (unless authorized by a use permit).
2. The aggregate display area shall not exceed twenty-five 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.
3. 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 requirements are satisfied.
C. Height Limit. Displayed outdoor sales, other than plant materials for sale (e.g., Christmas trees, nursery trees) shall not exceed a height of six feet above finished grade, unless a greater height is allowed through use permit approval.
D. Public Property. 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 director of public works.
E. Public Safety. 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; 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.
F. Parking. Provide off-street parking spaces in a number equivalent to the number of parking spaces required for retail uses pursuant to the provisions of Chapter 18.76 (Parking and Loading).
G. Dust. All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent the raising of dust.
H. Signs. All signs and structures shall conform to applicable city codes. (Ord. 738 § 1 (Exh. A) (part), 2013).