The following outdoor activities shall be subject to the permit requirements as listed below.
A. Permanent Outdoor Display and Sales. Permanent outdoor displays and sales shall require approval of Plan Check in accordance with Section 17.12.030 (Plan Check) consistent with the standards of this chapter.
B. Temporary Outdoor Display and Sales. Temporary outdoor display and sales shall require the issuance of a temporary use permit in accordance with Section 17.12.070 (Temporary Use Permit). Garage sales are exempt from this requirement, provided that each garage sale complies with the requirements of the Zoning Code and other relevant titles and chapters of the Municipal Code.
C. Permanent Outdoor Storage. Permanent outdoor storage is allowed in conjunction with the primary use if approved as part of the original planning entitlement request. New permanent outdoor storage requested in conjunction with an existing use or development shall require issuance of a conditional use permit in accordance with Section 17.12.140 (Conditional Use Permit) consistent with the requirements of this chapter.
D. Temporary Outdoor Storage. Temporary outdoor storage shall require the issuance of a temporary use permit pursuant to and consistent with the requirements of Section 17.12.070 (Temporary Use Permit). The uses and activities listed below shall be exempt from the requirement for a temporary use permit.
1. Storage of construction materials and equipment as part of an active construction site, provided a valid building permit or improvement permit is in effect and the materials and equipment are stored on the construction site pursuant to approved permit(s).
2. Emergency facilities to accommodate emergency public health and safety needs and activities, compliant with the requirements of Chapter 17.62 (Emergency Shelters).
E. Outdoor Dining Areas. If not part of the original development permit for the principal use, outdoor seating may be permitted in all zoning districts except for residential Zoning Districts, subject to approval of an administrative use permit as established in Section 17.12.060 (Administrative Use Permit) and any other applicable entitlements (e.g., Administrative Design Review, Comprehensive Design Review). In all cases, permanent outdoor seating shall be consistent with the development standards of this chapter.
1. Required findings for approval of outdoor seating. The designated approving authority may issue an administrative use permit in conjunction with the requirements of Section 17.12.060 (Administrative Use Permit) if he or she finds that the proposed outdoor seating would not:
a. Encroach into a continuous pedestrian path of travel of at least six (6) feet in width, and would not obstruct pedestrian and wheelchair access;
b. Unduly interfere with pedestrian traffic on the sidewalk;
c. Unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way; or
d. Block or obstruct the view of necessary authorized traffic devices.
2. Permit posted. A permit for outdoor seating, or a copy thereof, shall be posted in plain view within the establishment for which the permit has been issued.
3. Any authorized outdoor seating shall be subject to additional taxes, permits, or fees as required by law.
F. Permittee's Liability. By accepting a permit under this chapter, the permittee explicitly agrees to hold the city, its officers, employees, agents and volunteers harmless from any liability, claims, suits, or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittee's installation, operation, maintenance, or removal of outdoor seating. (Ord. 2010-02 § 1 (part), 2010)