In addition to other uses specifically identified elsewhere in this title, the following are uses allowed in the B-1 Downtown Business District by the issuance of an administrative permit based upon procedures set forth in and regulated by Chapter 198 (Administrative Permits and Approval) of this title.
(A) Essential services, except transmission pipelines and transmission or substation lines in excess of 33 kV and up to 100 kV, as regulated by § 205.05 (Essential Services) of this title.
(B) Open or outdoor sales, rental, or display as an accessory use in association with an allowed principal use provided that:
(1) The area occupied shall not exceed 10% of the principal building;
(2) No storage or display of merchandise shall be permitted in required rear, side, or front yards and shall be limited to the area of the customer entrances; and
(3) The outdoor sales, rental, or display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as stipulated by Chapter 210 (Off-Street Parking) of this title, except as may be exempted for cause by the Zoning Administrator.
(C) Outdoor seating areas accessory to a restaurant use provided that:
(1) The tables, chairs, and other furniture of the seating area shall only be outdoors when the business is open to the public.
(2) The seating area shall be located on the business property. Outdoor seating areas may be located upon public sidewalks directly abutting the business property subject to the following provisions:
(a) A minimum 5-foot pedestrian walkway shall be maintained upon the public sidewalk so as not to obstruct pedestrian traffic;
(b) The outdoor seating area shall be set back a minimum of 5 feet from the back of curb of a public street or private drive aisle; and
(c) The owner of the business property with an outdoor seating area located upon public sidewalks shall provide a certificate of general liability insurance with minimum coverage of $300,000 naming the city as an additional insured.
(D) Temporary, outdoor promotional events and sales provided that:
(1) Outdoor sales (except promotional events, Christmas trees, and transient merchant sales):
(a) Such activity is directed towards the general public and includes grand openings, warehouse sales, sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, and seasonal merchandise sales (except Christmas trees);
(b) The following specific standards shall apply to all proposed temporary outdoor sales activities allowed by this section and by city code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator:
1. The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 60 days per calendar year per property;
2. There shall be no more sales activities than those specified in the administrative permit and, in no case, shall there be more than 10 sales activities per year per property; and
3. Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation, or emergency vehicle access. Temporary sales on unpaved landscaped areas is prohibited.
(2) Promotional events, outdoor Christmas tree and transient merchant sales.
(a) Such activity is directed towards the general public and consists of the sales of cut evergreen trees, boughs, wreaths, and other natural holiday decorations and related products, sales of produce, or other licensed transient sales and displays of materials that are typically not sold or serviced on the site.
(b) The following specific standards shall apply to all proposed outdoor events and sales allowed by this section and by city code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator:
1. The maximum total time for sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 90 days per calendar year per property;
2. There shall be no more than 1 sales activity per year per property, which shall be in addition to any promotional events or other outdoor sales permitted on the property; and
3. Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with seasonal parking demand, traffic, circulation, or emergency vehicle access. Sales on unpaved landscaped areas are prohibited.
(3) General standards.
(a) The event shall be clearly accessory to or promoting the permitted or conditional use approved for the site. Only merchandise which is normally manufactured, sold, or stocked by the occupant on the subject premises, except Christmas trees and plant sales, shall be sold and/or promoted.
(b) Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on the submitted plan and provided that it is determined by the zoning administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.
(c) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Chapter 210 (Off-Street Parking) of this title. Consideration shall be given to the parking needs and requirements of other occupants in the case of multiple-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the chief of police, at the petitioner’s expense.
(d) Signage related to the event shall be in compliance with the temporary sign standards of Chapter 207 (Signs) of this title and shall be allowed for the duration of the event. Special signage for purposes of traffic direction and control may be authorized by the Zoning Administrator; the erection and removal of such signage shall be the responsibility of the applicant.
(e) The approved permit shall be displayed on the premises for the duration of the event.
(E) Temporary structures as regulated by § 205.17 (Temporary Structures) of this title.
(Ord. 2011-06-07A, passed 6-7-2011)