This section provides development and operational standards for outdoor uses. including temporary outdoor display and sales (subsection A below), permanent outdoor display and sales (subsection B below) and outdoor dining and seating areas (subsection C below).
A. Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales may be allowed subject to the approval of a temporary use permit, (I 6.70) in compliance with, but not limited to, the following standards:
1. Fixed Period of Time. Provision for a fixed period of time as specified by the permit, or where not specified, not to exceed one hundred eighty (180) days for a temporary event;
2. Nuisance Factors. Regulation of nuisance factors including, but not limited to, prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise. odors, smoke, waste and vibration;
3. Operating Hours. Regulation of operating hours and days, including limitation of the duration of the temporary event, as identified in subsection (A)(1) above;
4. Parking. Provision for adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation. if applicable, in compliance with Chapter 16.34 (Off-street Parking and Loading Standards);
5. Performance Bond. Submission of a performance bond or other surety measures, satisfactory to the di-rector. to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event, the property will be cleaned of debris, litter or any other evidence of the temporary event upon completion or removal of the event, restored to the former condition and shall continue to be used in compliance with this development code;
6. Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate:
7. Security. Provision for security and safety measures, if applicable;
8. Setbacks. Appropriate setbacks shall be maintained to ensure adequate separation from adjacent land uses and a safe environment for pedestrians and vehicles;
9. Signs. Regulation of signs. in compliance with Chapter 16.38 (Signs):
10. Temporary Structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces. including buffer areas and other yards;
11. Waste Collection and Disposal. Provision for solid, hazardous and toxic waste collection, recycling and/or disposal;
12. Other Conditions. Any other conditions which will ensure the operation of the proposed temporary event in an orderly and efficient manner and in full compliance with the purpose/intent of this section.
B. Permanent Outdoor Displays and Sales. The permanent outdoor display/sale of merchandise shall comply with the following standards and shall be subject to the approval of a minor conditional use permit in compliance with Chapter 16.52.
1. Height of Displayed Materials. The outdoor display of merchandise shall not exceed a height of twelve (12) feet above finish grade. Heights greater than twelve (12) feet may be allowed subject to the approval of the director.
2. Location. Outdoor sales areas shall be located entirely on private property. Outdoor sales areas shall not encroach into required setback areas. In zoning districts where no setback area is required. the outdoor sales area shall be set back a minimum of ten feet from adjacent property line(s) unless otherwise allowed by the director.
3. Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and de-fined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic:
4. Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel; and
5. Signs. Additional signs, beyond those normally allowed for the subject use. shall not be provided as a result of the outdoor display and sales area.
C. Outdoor Dining and Seating Areas. Outdoor dining and seating areas are allowed subject to the Outdoor Seating Design Guidelines on file in the Planning Department offices at City Hall. The application review processes shall be as shown in the table below:
Review Process | Circumstances |
Staff Approved Development Plan | No more than 8 seats; complies with the Development Code and the Outdoor Seating Design Guidelines |
Director Approved Development Plan per Chapter 16.56 | More than 8 seats and/or will share seating with multiple businesses; complies with the Development Code and the Outdoor Seating Design Guidelines |
Minor Conditional Use Permit per Chapter 16.52 | More than 8 seats and/or will share seating with multiple businesses; and 1. Does not comply with the Outdoor Seating Design Guidelines; 2. Significantly intensifies a use; or 3. Changes the exterior of the building |
1. Public Property. Outdoor seating is prohibited on public property.
2. Physical Separation Required. When outdoor restaurant seating is directly abutting public property or right-of-way, a physical separation shall be in place along the boundary. The separation shall be in the form of an approved fence and/or landscaped planter(s) with a minimum height of three (3) feet, but no higher than four (4) feet.
3. Alcoholic Beverage Service. Areas in which alcoholic beverages will be served shall comply with the standards established by the State Department of Alcoholic Beverage Control. In addition, any perimeter fence and/or landscaped planter(s) shall be designed to clearly restrict alcohol from being taken outside the restaurant seating area.
4. Perimeter Barrier Design Compatibility. The physical design of the fence and/or landscaped planter(s) shall be compatible with the design of the building housing the dining use.
5. Pedestrian and Handicapped Accessibility. Outdoor seating shall comply with standards for pedestrian circulation and handicapped access.
6. Parking Requirements. Outdoor dining and seating areas with eight (8) or fewer seats shall not be required to provide additional off-street parking. Outdoor seating areas with more than eight (8) seats shall comply with the requirements for off-street parking in Chapter 16.34 of the Development Code. The Director may adjust the parking requirements for outdoor seating areas with twenty (20) or fewer seats when the seating is operated on a seasonal basis.
7. Common Outdoor Seating Areas. Outdoor seating areas that are used in common with several restaurants or tenants within a commercial center shall not be required to provide additional off-street parking for these common outdoor areas unless they exceed four (4) seats per restaurant.
8. Design Compatibility. To ensure compatibility with surrounding uses and a high standard of design quality, the following standards shall apply:
a. Compatible Elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas or other physical elements which are visible from the public rights-of-way, shall be compatible with the overall design of the primary structure(s) on the premises. No advertising or business identification signs shall be part of an outdoor seating area;
b. Entertainment. Outdoor dining and seating areas that provide dancing, amplified music or entertainment shall require the preparation of a noise analysis and will be required to comply with noise mitigation measures;
c. Sensitive Receptors. Outdoor dining and seating areas and their relation to churches, hospitals, public schools, and residential uses shall be considered by the review authority. Mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering and noise;
d. Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or pedestrian traffic flow or necessitate the removal of existing pedestrian or vehicular movement areas;
e. Separation Requirements. Outdoor dining and seating areas shall be separated from residential uses, at a minimum distance of two hundred (200) feet, except in mixed-use projects; or when the Director determines that an adequate physical barrier (e.g., street or building) is present to mitigate potentially adverse effects;
f. Setbacks. Outdoor dining and seating areas shall be setback a minimum of five (5) feet from property lines and parking lots; and
g. Waste Receptacles. Waste receptacles shall be provided in outdoor seating areas.
9. Maintenance. All outdoor seating areas shall be kept in good condition, both aesthetically and structurally.
(Ord. 412 § 4, 2008; Ord. 182 § 2 (part), 1997)