The following are permitted uses in the office, commercial and industrial districts for the purposes of this Code. Commercial Districts shall be the Neighborhood Commercial District (NC), General Commercial District (GC), the Broadway Corridor Overlay District (BCO), and the Institutional/Office District (1-0). The industrial district shall be the Office/Industrial District (OI).
A. In a Commercial or Industrial District, any use which is customarily found in conjunction with and required for the full utilization and economic viability of the principal use which meets the definition of accessory use in Chapter 1261, Definitions, and which complies to the applicable standards of the district in which it is located is permitted.
B. Outdoor vending machines shall be limited to three (3) units per principal building.
1. One (1) newspaper or magazine vending machine per principal building;
2. One (1) drop-off box per principal building;
3. No more than three (3) vending machines per principal building including, but not limited to, machines selling food or beverage products, renting movies, and other machines as approved by the Building Official;
4. All outdoor vending machines and drop-off boxes must also comply with the following:
a. Machines or containers shall not be placed in the public right-of-way or impair the safety of vehicular operators or pedestrians;
b. Vending machines must be attached to an integral part of the main building;
c. Drop off containers must be screened on three (3) sides and placed on either a concrete pad or an area of the parking lot approved by the Building Official;
d. The machines or the containers shall not contain or portray any material that may be offensive, detrimental or detracting from the character of the district or the vicinity;
e. Applications for the placement of vending machines and drop-off containers and all other requirements, shall be in writing on forms provided by the Building Official and made at least thirty (30) days prior to the placement of such machine or container. The application shall consist of a site plan or sketch of the zoned lot, the proposed use, and such other accurate information as may reasonably be requested by the Building Official.
C. Outdoor sales under a conditional use permit if the following criteria are met:
1. If the sales are incidental to the main use.
2. If the area used for said outdoor sales are within a compound screened from the right-of-way and any residential area adjacent thereto.
3. That the screened area containing the outdoor sales is attached to an integral part of the main building.
4. The items for sale are not reasonably suited for indoor sales.
5. That palletized, stackable goods and the structures used for storing or displaying goods shall not exceed the height of the screened area.
6. There is only a negligible adverse impact on adjacent properties.
D. Temporary uses if the following criteria are met:
1. The Building Commissioner shall have the power to consider as set forth herein and grant or deny all applications for temporary uses of commercially zoned property.
2. No temporary use permit shall be issued by the Building Commissioner and no temporary use permitted unless the Building Commissioner determines it meets all of the following criteria:
a. It shall not be materially detrimental or injurious to other uses and properties in the vicinity. The duration and frequency of the proposed use are factors that the Building Commissioner shall consider in this regard, plus such other factors as the Building Commissioner determines to be material.
b. It shall not create an unreasonable hazard to persons or property. Consideration shall be given to whether the proposed temporary use shall provide adequate space, lighting, parking and traffic circulation.
c. It shall not unreasonably detract from the character of the district or the vicinity. In this regard, the Building Commissioner shall consider the duration of the proposed temporary use, the area involved and the intensity of the proposed use.
3. In addition to the criteria in division (2) hereof, the Building Commissioner shall be guided by the following criteria as applicable:
a. Seasonal retail sales may be permitted in Neighborhood Commercial, General Commercial or Broadway Corridor Overlay Districts, provided:
(1) The commodity or product is not suited for indoor sales;
(2) The commodity or product is seasonal in nature;
(3) The sale is limited to that time in which the commodity or product is in season;
(4) The sales are an extension of the existing owner's or tenant's commercial retail activity and are incidental to a main use on the same zoning lot; and
(5) The duration of the total sales activity shall in no event exceed four (4) months during a calendar year on the same zoning lot.
b. Tent sales may be permitted for promotion of special activities in the Neighborhood. Commercial District (NC), General Commercial District (GC), the Broadway Corridor Overlay District (BCO), and the Institutional/Office District (I-0). Brightly colored tents, canopies and banners may be utilized to the extent they comply with the criteria set forth herein. The duration of such sales shall be limited in duration, which in no event shall exceed two (2) consecutive weeks, and frequency, which in no event shall exceed four (4) such events during any calendar year on the same zoning lot. There shall be a minimum of one (1) month period between the end of one tent sale to the beginning of the next, on the same zoning lot. In addition, the promotion shall be only for the existing owner's or tenant's ongoing commercial retail activity.
c. Temporary signs, balloons and search lights may be permitted in the Neighborhood Commercial District (NC), General Commercial District (GC), the Broadway Corridor Overlay District (BCO), and the Institutional/Office District (I-0) as a part of the temporary use activity, provided:
(1) They do not create a safety hazard to pedestrians or vehicular operators or passengers. In this regard, the Building Commissioner shall consider the location, size, duration, design and any other factor that would be material.
(2) Such signs may be placed only on the inside of windows or doors and on the exterior of buildings. The gross area of all temporary signs shall not exceed twenty percent (20%) of the maximum area of signs permitted for each establishment. Balloons shall be of the fan inflatable type and shall be located a minimum of fifteen (15) feet from the street right-of-way line. On corner lots, no balloons may be located within a triangle formed between points on the side and front lot lines within thirty-five (35) feet from their intersection. Only one such balloon shall be permitted per occurrence on a zoning lot.
(3) Temporary signs may not be posted, tacked or otherwise secured on fences, posts, poles, trees or surfaces other than the main building.
(4) The duration and frequency of the signs, balloons and search lights are to be appropriately limited, and shall, in no event, exceed two (2) consecutive weeks in duration in each occasion of their use, and in no event shall exceed four (4) occasions of usage during any calendar year on the same zoning lot. There shall be a minimum of a one (1) month period between the end of one occasion and the beginning of the next, on the same zoning lot.
d. Periodic sidewalk sales may be permitted in General Commercial and the Broadway Corridor Overlay Districts provided:
(1) Passage and safety of vehicular operators and pedestrians shall not be impaired; and
(2) The duration and frequency of such sales are appropriately limited, and shall, in no event, exceed two such sales during any calendar year on the same zoning lot. There shall be a one-month period between the end of one sale and the beginning of the next, on the same zoning lot.
4. No temporary use shall be permitted that is not specifically provided for herein or elsewhere in this Zoning Code.
5. All applications for a temporary use permit shall be in writing on forms provided by the Building Commissioner and made at least thirty (30) days prior to the use for which the application is being made. The application shall consist of a site plan of the zoning lot or reasonably accurate drawings of the zoning lot and the proposed use, and such other accurate information pertaining to the proposed uses as may reasonably be requested by the Building Commissioner. Applications pertaining to signs shall contain the information, drawings and plans required under Chapter 1296. Within fourteen (14) days of receipt of such drawings and information, the Building Commissioner shall:
a. Grant the application by issuance of a temporary use permit. Such permit may set forth conditions, including, but not limited to, duration and hours of operation, which control the proposed use set forth in the application if the Building Commissioner determines that such conditions are reasonably necessary to meet the criteria set forth herein; or
b. Deny the application, which denial shall be communicated, along with the reason for denial, in writing. The applicant shall then have ten (10) days from receipt of the written denial to appeal this determination to the Board of Zoning Appeals. If the Building Commissioner has not acted on the application within fourteen (14) days of receipt, the application shall be deemed denied.
(Ord. 2000-128. Passed 12-6-00; Ord. 2013-20. Passed 6-19-13.)