Outdoor sales and equipment rental establishments, where the business is not conducted entirely within a structure or enclosed area, shall comply with the following standards:
A. Temporary Outdoor Retail Sales and Activities. The temporary outdoor display of merchandise shall comply with the following standards:
1. Temporary Uses. Temporary outdoor sales are subject to Chapter 19.22 (Temporary Uses).
2. Duration of Sales. The sales shall be of a temporary nature, lasting not longer than a total of six months.
3. Maximum Sales Area. The area devoted to temporary outdoor sales shall not exceed the following:
a. CC and CN and ML districts: 2 1/2 percent of the gross floor area of the structure occupied by the business; and
b. CS and CR districts: 5 percent of the gross floor area of the structure occupied by the business.
B. Permanent Outdoor Retail Sales and Activities. The permanent outdoor display of merchandise shall comply with the following standards:
1. Location of Sales Area. The shall occupy a fixed and approved location that does not disrupt the normal function and safety of the site or its circulation and does not encroach upon required parking spaces, driveways, pedestrian walkways, or required landscaped areas. The outdoor sales shall be located entirely on private property and outside of any required setback. A minimum setback of 10 feet from any public right-of-way is required.
2. Adjacent to a Public Right-of-Way. Outdoor sales areas adjacent to public rights-of-way shall be screened with decorative solid walls, fences, or landscaped berms, a minimum of 36 inches high and merchandise displays shall not exceed a height of three feet above finished grade.
3. Outdoor Vending Machines. Outdoor vending machines, as defined in Chapter 19.04 (Definitions), are subject to the performance standards below.
a. Accessory Use. Outdoor vending machines shall be an accessory use to an approved primary use and may not be located on an unimproved lot.
b. Location.
(1) Building Frontage. Outdoor vending machines are permitted along the building frontage that includes the primary business entrance. Where the primary business entrance is located at the building corner, outdoor vending machines will be permitted on only one side of the building.
(2) Clear Path of Travel. Outdoor vending machines shall not obstruct pedestrian pathways, driving aisles, parking spaces, or any areas necessary for proper pedestrian or vehicular circulation or loading activities. A clear path of travel at least four feet wide must be provided around outdoor vending machines.
(3) Public Rights-of-Way. Outdoor vending machines shall not be installed in, or within four feet of, the public right-of-way, or located in such a manner as to encourage or require customers to stand or park in the right-of-way in order to use the machine.
(4) Architectural Review. The placement of outdoor vending machines shall be considered as part of the architectural review process for new development. Outdoor vending machines installed subsequent to an approved project shall be considered a modification to an approved project and subject to section 19.18.070 (Conformance to Plans).
c. Area. The area occupied by outdoor vending machines may not exceed 10 percent of the width of the building frontage along which they are located, nor shall the combined area of all vending machines at any one site exceed 32 square feet.
d. Signage and Window Coverage. No more than 25 percent of a window area may be covered with signage or outdoor vending machines combined. Sign copy on outdoor vending machines shall be limited to the exterior panels of the machine and shall only advertise the product or service provided by the machine.
e. Design and maintenance.
(1) Utility Connections. Any required exposed conduits, pipes, or utility connections shall be secured to the building and painted, or otherwise screened, to match the building exterior, and shall not bridge a span greater than 18 inches.
(2) Maintenance. All outdoor vending machines shall be maintained in a clean, working and attractive condition. If the outdoor vending machine is removed, the area shall be cleaned and restored, including the removal of any conduits or other connection hardware.
C. General Requirements. The following requirements shall apply to all (temporary and permanent) outdoor retail sales and activities:
1. Signs. There shall be no signs visible from the public street in addition to those allowed by Chapter 19.74 (Signs).
2. Height of Displayed Materials. The outdoor display of merchandise shall not exceed a height of 7 feet above finished grade for a single display item. Stacked displays may not exceed a height of 6 feet above finished grade.
3. Relationship to Main Use. Outdoor sales shall be directly related to a business establishment on the parcel. The use of the property shall comply with the standards for the zoning district.
4. Review and Approval Required. Any use proposing permanent outdoor merchandise display or other outdoor business activities shall be subject to review and approval, in compliance with Chapter 19.18 (Architectural Review).
5. Outdoor Storage Areas. Outdoor storage areas are subject to the regulations of Section 19.60.060(H)(3) (Outdoor Storage and Work Yards). Temporary outdoor storage areas are not subject to screening requirements.
D. Exceptions. The provisions of this section do not apply to the following:
1. Sales or distribution of newspapers or periodicals in compliance with the provisions of the Municipal Code.
2. Sales from the public right-of-way in compliance with the provisions of the Municipal Code.
3. Temporary sales not within a structure or enclosed area, in compliance with Chapter 19.22 (Temporary Uses).
4. Sales of seasonal agricultural food products and flowers on private, non-residential property, not to exceed 6 months annually.
(Ord. 2185, Ord. 2427 §53, Ord. 2440 §54, Ord. 2494 §54)