§ 106.42.160. Outdoor Displays and Sales

A.

Applicability. The provisions of this Section apply to facilities for outdoor display, sales (e.g., garden nurseries, news and flower stands, outdoor vending machines, and similar uses where merchandise is displayed for sale), and outdoor eating areas, where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

B.

Design objectives. Each outdoor display and/or sales area shall be attractively designed to avoid a cluttered appearance on the site.

C.

Temporary outdoor displays and sales. See Section 106.62.030 (Temporary Use Permit), and/or Section 106.42.106 (Itinerant Vending), as applicable.

D.

Permanent outdoor displays and sales. The permanent (in place more than 30 consecutive days) outdoor display and sale of merchandise in conjunction with an existing business occupying a permanent structure on the same site is allowed subject to the following standards.

1.

Location. Displayed merchandise 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, driveways, landscaped areas, parking spaces, pedestrian walkways, bicycle lanes, or a public right-of-way. In a zoning district where no setback area is required, an outdoor sales area shall be set back a minimum of 10 feet from adjoining property lines unless otherwise allowed through Use Permit approval.

2.

Maximum area. The area on a site devoted to display area for other than vehicle sales lots, produce stands, and nursery product sales is limited to 20 percent of the building floor area or 12,000 square feet, whichever is less, unless a larger area is authorized through Use Permit approval.

3.

Height limit. Displayed merchandise other than plant materials for sale (e.g., Christmas trees, nursery trees, etc.) shall not exceed a height of six feet above finished grade, unless a greater height is allowed through Use Permit approval.

4.

Hazards. A display shall not obstruct intersection visibility or otherwise create hazards for pedestrian or vehicular traffic.

5.

Screening. The Director may require that outdoor sales and activity areas other than vehicle sales lots, produce stands, and nursery product sales be screened from the view of adjoining public rights-of-way by decorative walls or fencing, or landscaping.

6.

Signs. Additional signs, beyond those normally allowed for the primary use, shall not be provided as a result of the outdoor display and sales area.

E.

News and flower stands.

1.

Location requirements. A permanent news or flower stand shall:

a.

Be located parallel and adjacent to the wall of a structure. A freestanding news or flower stand is allowed only as a roofed kiosk;

b.

Not be located within the public right-of-way, within three feet of a display window of any structure abutting the sidewalk, or so as to interfere with or restrict the reasonable use of the window for display purposes.

2.

Design and construction requirements.

a.

A stand shall be soundly constructed of wood, metal, or other suitable permanent material, and designed in a manner and color to be compatible with the adjacent structures whether the stand is opened or closed. Security doors shall be designed as an integral part of the structure.

b.

Shelving shall not exceed eight feet in height nor two feet in depth.

3.

Maintenance. The news and flower stand shall be maintained in a clean and neat condition and in good repair, at all times.

4.

Signs.

a.

The stands shall not be used for advertising or publicity purposes. Signs shall be for identification only, with size and design in compliance with Chapter 106.38 (Signs).

b.

The owners or operators of the outdoor news or flower stand shall display, in a place readily visible to the public, a telephone number and address where the owners may be reached.

5.

Additional product sales. In addition to the sale of newspapers, magazines, and other periodicals, for newsstands, and flowers and plants, for flower stands, the owners or operators may sell other related accessory products, not to exceed 10 percent of the total merchandise displayed.

F.

Outdoor dining areas.

1.

An outdoor dining area may be allowed accessory and incidental to a restaurant with indoor eating area on the same site; provided that the outdoor eating area shall also comply with the parking requirements of Section 106.36.040 (Number of Parking Spaces Required) for restaurants.

2.

An outdoor eating area within the public right-of-way shall require an encroachment permit, and shall use only City approved furniture and enclosures.

3.

Signs shall comply with Chapter 106.38 (Signs).

G.

Outdoor Vending Machines. The preferred location for vending machines is inside buildings. Vending machines installed outdoors shall meet the following requirements:

1.

Location requirements.

a.

Outdoor vending machines shall be located along the face of a building or against a structure designed to accommodate them.

b.

Outdoor vending machines may be placed in front of a glass or wall storefront provided visibility to the cashier is not obstructed.

c.

No more than a total of 25 percent of a window area may be covered with signage or outdoor vending machines.

d.

A minimum walkway of four (4) feet is required in front of all outdoor vending machines.

e.

Outdoor vending machine shall not be installed in the public right-of-way or immediately adjacent such that it would cause customers to stand in the right-of-way in order to use the machine.

f.

Outdoor vending machines shall be an ancillary use to an approved primary use and may not be located on an unimproved lot.

g.

Outdoor vending machines shall not be placed in a location that will block parking areas or create an unsafe situation.

2.

Number of machines.

a.

Machines are permitted to cover up to a maximum of 10 percent of the length of the primary building frontage, or 20 feet, whichever is less.

3.

Design and construction requirements.

a.

Machine installations shall not have exposed conduits, piping or overhead utility connections.

4.

Maintenance of machines.

a.

All outdoor machines shall be maintained in a clean and attractive condition.

b.

Any graffiti on an outdoor vending machine shall be removed within 24 hours.

c.

If the outdoor machine is removed the area shall be cleaned and restored including the removal of any conduits or other connection hardware.

(Ord. No. 2011-002, § 3, 2-11-2011)