A. General Development Standards for All Activities. The development standards listed below apply to all outdoor display, sales, and storage activities.
1. Location. Outdoor activities may be located within the public right-of-way, in required parking spaces or within designed vehicle drive aisles, or within required landscape planter areas only where permitted with the issuance of an encroachment permit in accordance with the requirements of an administrative use permit, pursuant to the requirements of Section 17.12.060 (Administrative Use Permit), or a temporary use permit, pursuant to the requirements of Section 17.12.070 (Temporary Use Permit). Outdoor activities shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation, and does not encroach upon required setbacks, public rights-of-way, driveways, landscaped areas, parking spaces, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities, such as trash receptacles and drinking fountains, or any other requirement listed in the Building Code.
2. Hours of operation. Except as otherwise provided, hours of operation for outdoor activities shall be consistent with those for the corresponding primary use.
3. Noise. Any noise generated by the outdoor activity shall be consistent with the city's Noise Ordinance.
4. Signs. No additional business identification or advertising signs for the outdoor activity may be permitted above the maximum allowable sign area for the corresponding primary use as established in Chapter 17.52 (Signs), except when the outdoor activity is the primary use (e.g., Christmas tree lot).
5. Maintenance. Outdoor activity areas shall be kept free of garbage and other debris, and shall not encroach into required sidewalk clearance areas as follows: all outdoor activity areas shall leave a minimum horizontal clear space of six (6) feet, or such greater amount of clear space as the Public Works Director finds necessary to protect and enhance pedestrian and vehicle traffic in the sidewalk area.
B. Standards for Outdoor Display and Sales. The following development standards shall apply to all permanent and temporary outdoor display and sales activities.
1. Associated with the primary use. All outdoor display and sales activities shall be associated with the primary use of the property. Only those goods and services associated with the primary use may be stored, sold, or displayed. All outdoor display and sales activities that are independent of the primary use shall be considered their own primary use and regulated as such (e.g., seasonal sales as a temporary use requiring a temporary use permit).
2. Maximum area. Unless otherwise authorized by a use permit, the area used for permanent outdoor display and sales of materials shall not exceed ten percent (10%) of the gross floor area of the corresponding commercial building. Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment)are exempt from this requirement, provided storage and display is limited to vehicles offered for sale or rental only and all other development requirements are satisfied.
3. Time limit for temporary activities. See the requirements of Chapter 17.74 (Temporary Uses) for duration and permit requirements for temporary promotional sales.
4. Height Limit. Displayed outdoor sales, other than plant materials for sale (e.g., Christmas trees, nursery trees, etc.) shall not exceed a height of six (6) feet above finished grade, unless a greater height is allowed through use permit approval.
C. Standards for Outdoor Storage. The following development standards shall apply to all permanent and temporary outdoor storage activities.
1. Location. Outdoor storage may not be located within any required front or street side yard for the applicable zoning district within which the activity is located.
2. Height limitation. The height of stacked materials and goods shall be no greater than that of any building, wall, fence, or gate enclosing the storage area, unless specifically stated as a development standard associated with a use.
3. Screening. Screening of outdoor storage shall be consistent with Section 17.42.050 (Special Fence, Wall and Screening Requirements).
4. Parking. Parking for permanent outdoor storage shall be provided as required in Chapter 17.48 (Parking).
D. Requirements for Outdoor Seating. The following development standards shall apply to all permanent outdoor seating.
1. Permittee to ensure maintenance. The permittee shall be responsible for, and exercise reasonable care in, the inspection, maintenance, and cleanliness of the area affected by the outdoor seating, including any design requirements hereafter enacted, from the building frontage to the curb.
2. Permittee to ensure compliance. The permittee shall restrict the outdoor seating to the approved location and ensure compliance with all applicable laws including laws against blocking the public right-of-way, health and safety laws, public cleanliness laws, and laws regulating sale and public consumption of alcohol.
3. If conflict exists or is created between city and outdoor seating. When any outdoor seating authorized hereunder is found to be in conflict with existing or proposed facilities or improvements owned, maintained, or operated by the city, or any existing or proposed city design plans, such placement shall, upon written demand of the City Manager, be removed or relocated in such a way as to eliminate the conflict, and said removal or relocation shall be at the sole expense of the permittee. Should the permittee fail to comply with said written demand within a reasonable period of time, the city may cause such relocation of the placement at the expense of the permittee. Any such non-compliance shall also be a violation of this title.
4. Parking. When the Community Development Director finds that the proposed additional seating would lead to new parking demand that exceeds available supply because of the amount of outdoor seating, he or she may require off-street parking for the outdoor area devoted for the outdoor seating at the rate required for interior floor area for food service establishments in the zoning district. (Ord. 2010-02 § 1 (part), 2010)