(A) Purpose. The intent of this section is to provide standards for outdoor storage and display of merchandise connected to and operated with permanent commercial and manufacturing uses.
(B) Application procedure.
(1) Any business in a commercial or manufacturing zone seeking outdoor storage or display of merchandise shall submit an application to the Community Development Director for an Outdoor Storage and Display Permit. The application shall be accompanied by a site plan, photos, and other exhibits as may be required to properly evaluate the request along with an application fee in an amount to be determined by resolution of the City Council. The application shall include the days of the week, hours, and number of weeks per year for which the application is requested.
(2) The Community Development Director shall approve an application for the outdoor storage or display of merchandise if the application meets the development standards set forth in this section. The Community Development Director may place reasonable conditions on the issuance of the permit to ensure conformance with the city’s development standards. In the event a permit is denied, the Director shall supply findings in writing to the applicant within 30 days of such denial.
(3) The Community Development Director shall retain jurisdiction over the permit and may enforce its provisions as required to ensure compliance with this section.
(C) Outdoor storage.
(1) Outdoor storage incidental to the primary use shall be allowed in the C-1 and C-3 zones only in rear yards and in the M-1 zones only in the rear and side yards. The outdoor storage must comply with the development standards of this section.
(2) Development standards.
(a) Stored materials shall not occupy any part of a required parking area;
(b) Stored materials shall be prohibited at all times on public property;
(c) Stored materials shall not exceed six feet in height;
(d) Only goods and materials sold or used in the business may be stored.
(D) Outdoor display.
(1) Outdoor display incidental to the primary use shall be allowed in the C-1, C-3, and M-1 zones. The outdoor display must comply with the development standards of this section, with the exception of auto dealerships and automotive service stations.
(2) Development standards. Outdoor displays shall meet the following requirements:
(a) Be consistent with the city’s General Plan, zoning ordinances, specific plan and other regulations;
(b) Not create any condition that would be detrimental to the appearance of the premises or to any surrounding property, including but not limited to, being unsightly;
(c) Not be detrimental to the public health, safety, or welfare;
(d) Not create a public nuisance;
(e) Maintain at least a six-foot width for clear pedestrian passage along the public sidewalk and at least a four-foot width within private property walkways and store entrances;
(f) Not create a safety hazard or block access to disabled persons;
(g) Not require construction of new doorways or other significant exterior changes to existing commercial and industrial buildings or surrounding development;
(h) Not be located on public streets or within the public right-of-way, in designated parking areas, vehicular circulation areas, or within landscape planter areas;
(i) Not emit noise, odor, smoke, or other obnoxious substances;
(j) Complement existing storefronts through the use of materials, finishes and color consistent with the approved architecture of the building;
(k) Be limited to the area immediately in front or along the sides of the business selling the merchandise, or no more than 25 feet in length, whichever is less. The area shall not extend laterally beyond the store or building frontage or block access to the business or any other building/store entrance(s);
(l) Merchandise may not be stacked above a height of four feet. Merchandise which exceeds four feet in height, but is not higher than 12 feet in height may be displayed provided that it does not cover or block more than 25% of the front or side of the business selling the merchandise. The display of trees for sale is not subject to any height limitation.
(m) The items proposed for display and sale are the same as those sold inside the store or items that would typically be sold at the business and do not consist of unprepared, packaged merchandise. For purposes of this section
UNPREPARED, PACKAGED MERCHANDISE means items that have been sealed, wrapped or packaged in protective materials not designed for profession merchandise displays.
(3) Operational requirements. Once approved, outdoor displays shall meet the following requirements:
(a) Support structures such as tables and racks used in conjunction with the outdoor display of merchandise shall be removed at the end of each business day; and
(b) Merchandise shall be maintained in a neat and orderly manner at all times.
(4) Exceptions. No application shall be required for outdoor displays that meet all of the following requirements:
(a) The displays are located more than 20 feet back from the nearest face of curb on any public street, alley or driveway; and
(b) The displays are not visible from a public street, alley or other right-of-way.
(E) Sidewalk and parking lots sales/special events. Special events such as sidewalk and parking lot sales shall require a temporary use permit.
(F) Appeals. Any decision made pursuant to this section shall be appealable pursuant to § 153.004.
(G) Revocation. The Community Development Director may revoke the Outdoor Storage and Display Permit if the permittee fails to comply with the requirements of this section or any conditions of approval. Prior to revoking the permit, the Director shall provide the permittee a written notice of non-compliance. The permittee shall have a right to appeal the notice of revocation pursuant to § 153.004.
(H) The regulations set forth in this section shall supersede conflicting conditions of any entitlement granted prior to the effective date, including conditions which prohibit the outdoor storage and display of merchandise.
('65 Code, § 9-3.836) (Ord. 455-C.S., passed 11-21-95; Am. Ord. 535-C.S., passed 1-20-04)